If half of my Facebook feed is correct, then the Justices are definitely going to rule in favor of gay marriage.  If the other half of my Facebook feed is correct, then the Justices are going to punt and claim it is a states’ rights issue.

There is not a lot of point in trying to guess which way they are going to go simply by what questions were asked at oral argument.  I can tell you from experience that I have been at motions before judges and was convinced that I was going to win based on how hard the judge was hammering my adversary, only to be disappointed when the decision did not go my client’s way.

Rather than try to dissect the oral argument and look for hidden clues as to how the Justices may rule, for anyone who is interested, you can listen to the argument on the first question here: http://www.supremecourt.gov/oral_arguments/audio/2014/14-556-q1 and on the second question here:  http://www.supremecourt.gov/oral_arguments/audio/2014/14-556-q2