Kennedy challenged the accuracy of that comment: He noted that other countries had had interracial marriages for hundreds of years.
The justice also made clear he did not like the rationale of the federal appeals court that struck down Proposition 8, even though it cited earlier opinions in favor of gay rights that Kennedy had written.
That appeals court ruling applied only to California, where same-sex couples briefly had the right to marry before the state's voters in November 2008 adopted Proposition 8, a constitutional amendment that defined marriage as the union of a man and a woman.
Reflecting the high interest in the cases, the court planned to release an audio recording of Wednesday's argument shortly after it concludes, just as it did Tuesday.
The Tuesday audio can be found at: http://tinyurl.com/dxefy2a .