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