Throughout the argument, the two potential swing justices—Chief Justice Roberts and Justice Kennedy—expressed concerns about the Court changing the definition of marriage. In this exchange, Bursch begins by answering a question about the states’ interest in excluding same-sex couples. Justice Ginsburg jumps in to remind everyone that marriage is nothing like the institution it was centuries ago.

The “Head and Master Rule,” which Justice Ginsburg refers to, gave the husband the final say in all household decisions.