Gay marriage at high court: How a case can fizzle

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(AP Photo)

(AP Photo)

WASHINGTON (AP) — A discussion by Supreme Court justices about walking away from a case challenging California’s voter-approved ban on gay marriage offers a rare glimpse at the court’s opaque internal workings.

Justice Anthony Kennedy was among those who suggested that the court could get rid of the case without deciding anything about same-sex unions.

His comment came after months of buildup and a mountain of legal briefs.

The court on Wednesday concluded two days of arguments involving gay marriage. Wednesday’s argument was over a constitutional challenge to a portion of the federal Defense of Marriage Act. A majority of the court appeared likely to rule that legally married gay couples should be able to receive a range of benefits that the law currently reserves for straight married couples.

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