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Supreme Court hears more on same sex marriage

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TYLER (KYTX) - The issue of same sex marriage was back before the U.S. Supreme Court Wednesday.

The justices heard arguments for and against the Federal Defense of Marriage Act, which defines marriage as a union between a man and a woman.

East Texas gay rights groups say whatever the outcome, the hearings are a step forward.

Jolie Smith is the Chairman of the Board for Tyler Area Gays.

She says the constitution has a lot of room for interpretation.

"It's a living, breathing document, that grows," says Smith.

She's been keeping up with the Supreme Court hearings on same sex marriage and the Defense of Marriage Act, which defines marriage as being between a man and a woman.

"I think, I think, it's gonna be good," says Edith Windsor.

83-year-old Windsor is asking the Supreme Court to strike down DOMA.

Windsor was married to a woman, and when her spouse died in 2009, Windsor was hit with a $360,000 inheritance tax.

Those in favor of DOMA also showed up the supreme court hearing to show their support for traditional marriage.

"I went in optimistic that DOMA would survive the test here at the court," says Rev. Rob Schenck with the Evangelical Church Alliance

During arguments five justices indicated they could strike down the law, but for different reasons.

Some said the law creates two classes of marriage.

"The full marriage, and then this sort of skim milk marriage," says Justice Ruth Bader Ginsberg.

Justice Elena Kagan questioned whether lawmakers passed DOMA to make a statement against gay couples.

"I'm going to quote from the house report here -- is that "congress decided to reflect an honor of collective moral judgment and to express moral disapproval of homosexuality," says Kagan.

After court, some opponents to same sex marriage were pessimistic.

"I think, being a realist here, we're going to see the defense of marriage act go down," says Rev. Schenck.

Smith says whatever happens, this is getting people talking.

"I hope the justices see it as a legal issue and not a moral issue," says Smith.

The Supreme Court decision is expected in late June.

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