tonight's supreme court justices are deciding what to do about same-sex marriage. they heard arguments today and we have rarely released same-day audio from them this evening. correspondent shannon bream has our story. >> reporter: as the justices jugged two key questions today, first, whether there's a constitutional right to same-sex marriage. while the same-sex couples who brought the case say they want the right opposite couples have long enjoyed, chief justice john roberts framed it differently. >> you are not seeking to join the institution. you are seeking to change what the institution is. >> reporter: a swing vote justice kennedy spoke about giving it away to nine elected judges. >> this definition has been with us for a millenia and it's very difficult for the court to say oh yeah we know better.