Justice Alito jumped all over that - "marriage between two people of the same sex is not something that we have had before!"
And the lawyer went on to say that we shouldn't let 4 people get married because divorces would get messy. Please. Like fear of messy divorces has ever altered the course of any of our legislatures or courts in the history of our country.
The fact is there is no answer to Justice Alito's question - why not 4, and when you try and say
"Well it COULDN'T be 4 because marriage has always been two" the argument shoots the redefiners of marriage in their own foot.
2) Justice Sotomayor asked: "How does withholding marriage from one group, same same sex couples, increase the value to the other group?"
And there we go - the same argument that's used by video gamers and teenagers - "Dude, it doesn't affect me if two guys down the street get married."
Have we lost all notion of the common good? Have we lost all sense that we're connected? We all spout, all the time "No man is an island...don't ask for whom the bell tolls, it tolls for thee"...we recognize, on a fundamental level, that we're all connected, that our laws matter, And that it is disgusting, infantile and completely contrary to everything this country was founded on to make the sole criteria for the importance of a law be whether or not it happens to affect me right this minute if it is passed
BONUS point! (ha): By all accounts, Justice Kennedy is the only one on the fence on this issue, with the other 8 split 4-4. Justice Kennedy certainly had some tough questions for the marriage redefiners, and some are taking that as a sign of which way he'll go. However, let's remember during the Obamacare hearing he had Obama's lawyer stammering and confused and unable to say anything rational for several awkwardly long stretches, and yet Obamacare still passed, so you never know what is going to happen until we get the decision in May or June.