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On Day 2 of the oral arguments, Justice Anthony Kennedy, who is considered a potential swing vote, said the Defense of Marriage Act (DOMA) was "inconsistent" and infringes upon the traditional role of the states in defining marriage.

According to The Washington Post, Kennedy said the definition of who is married is "intertwined with daily life" and questioned whether the federal government has a right to impose its own view of marriage--something that must be decided before DOMA is tried.

The Obama administration said it will not defend the law and lower courts have already declared DOMA unconstitutional. Proponents against DOMA attacked the Obama administration's unwillingness to defend the law in 2011 and his continued enforcement of legislation he views as unconstitutional

The court is expected to hand down a rule by late June.

For more of Neon Tommy's coverage on Prop 8 click here.

Reach Executive Producer Amanda Martinez here.