Funny exchange in oral arguments on gay marriage... | TigerDroppings.com
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Nuts4LSU
LSU Fan
Washington, DC
Member since Oct 2003
19192 posts

Funny exchange in oral arguments on gay marriage...

Charles Cooper, the attorney representing proponents of California's Proposition 8 ban on gay marriage: "...redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes"

Justice Elena Kagan asked him why then the government could not bar couples who are both over the age of 55 from marrying, on the assumption that they are infertile.

Cooper: it would violate the Constitution(oops! marriage is a constitutional right?!) to ban older people from marrying.

"even with respect to couples over the age of 55, it is very rare that both couples—both parties to the couple are infertile," Cooper began, before he was interrupted by the audience in the courtroom erupting into laughter. (Oops! Why would both parties have to be infertile? Wouldn't even one of them being infertile make it impossible for the marriage to produce biological children in the "natural" way?)

"I can just assure you, if both the woman and the man are over the age of 55, there are not a lot of children coming out of that marriage," Kagan retorted, provoking more laughter.

Justice Antonin Scalia jumped into the fray, joking that "Strom Thurmond was not the chairman of the Senate committee when Justice Kagan was confirmed."


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This post was edited on 3/27 at 4:47 pm



PrimeTime Money
USA Fan
Houston, Texas, USA
Member since Nov 2012
11846 posts

re: Funny exchange in oral arguments on gay marriage...
You said oral...


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TigerintheNO
LSU Fan
New Orleans
Member since Jan 2004
24863 posts

re: Funny exchange in oral arguments on gay marriage...
quote:

it would violate the Constitution(oops! marriage is a constitutional right?!) to ban older people from marrying.



Marriage is a constitutional right reserved for the states. Age discrimation is unconstitutional.


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lsu13lsu
LSU Fan
Member since Jan 2008
2914 posts

re: Funny exchange in oral arguments on gay marriage...
I think Cooper should have used the same argument Kagan and Sotomayor used in the Voting Rights Act case. When they pondered whether the South was racist, they said how should we know? We should let Congress decide.

They asked Cooper whether this social experiment was wrong, Cooper should have just said how should we know if this experiment will work? We should let Congress decide.


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NC_Tigah
LSU Fan
Member since Sep 2003
57865 posts

re: Funny exchange in oral arguments on gay marriage...
quote:

Justice Elena Kagan asked him why then the government could not bar couples who are both over the age of 55 from marrying, on the assumption that they are infertile.
That is funny indeed (oops! the government is not barring any couples gay or straight from marrying!)


Nuts4LSU
LSU Fan
Washington, DC
Member since Oct 2003
19192 posts

re: Funny exchange in oral arguments on gay marriage...
quote:

oops! the government is not barring any couples gay or straight from marrying!)


Then why the lawsuit? What would Prop 8 do if not bar gay couples from marrying?


NC_Tigah
LSU Fan
Member since Sep 2003
57865 posts

re: Funny exchange in oral arguments on gay marriage...
quote:

What would Prop 8 do if not bar gay couples from marrying?
Establish their marriage tax and certain social benefits as being different.


TigerintheNO
LSU Fan
New Orleans
Member since Jan 2004
24863 posts

re: Funny exchange in oral arguments on gay marriage...
quote:

Establish their marriage tax and certain social benefits as being different.


I believe you are confusing DOMA & Prop 8. The former is the federal govt and the latter is a state govt


BACONisMEATcandy
LSU Fan
Delta, Amex, & Über Threads
Member since Dec 2007
42930 posts

re: Funny exchange in oral arguments on gay marriage...
Her argument is flawed.... No one is being restricted from being married to someone of the opposite sex. However, everyone is restricted from marrying someone of the same sex.

Gov't is not singling out a "class" under the current provision.


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NC_Tigah
LSU Fan
Member since Sep 2003
57865 posts

re: Funny exchange in oral arguments on gay marriage...
quote:

I believe you are confusing DOMA & Prop 8. The former is the federal govt and the latter is a state govt
Neither ban marriage. Neither establishes criminal or civil penalty in the case of gay couples married by a sympathetic organization or church.


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Huck Finn
LSU Fan
Baton Rouge
Member since Jul 2009
1374 posts

re: Funny exchange in oral arguments on gay marriage...
Good gravy, people. Just give them all the rights and tax breaks real married couples get, but don't call it "marriage." Call it "butt-buddies." It's exactly the same, just called "butt-buddies."


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