The issue focused on the role that the Supreme Court may play in the future of marriage. Justice Anthony Kennedy said marriage is a fundamental right. But, he told the justices: "I do not find it persuasive that the right to marry is an inherent right of all Americans."

The justices also asked Justice Ruth Bader Ginsburg, who is on the high court, to weigh in. Ginsburg said that the Supreme Court should be neutral on marriage but would decide whether it should have the power to overturn it