Tuesday, March 26, 2013

Supreme Court Justice Elena Kagan Makes A Damn Good Point

Posted By on Tue, Mar 26, 2013 at 4:30 PM

From the oral arguments of Hollingsworth v. Perry, the landmark case to decide the constitutionality of California's Proposition 8, which made gay marriage illegal within California, an exchange between Charles Cooper, representing proponents of the law, and Supreme Court Justice Elena Kagan:

KAGAN: Well, suppose a State said, "Because we think that the focus of marriage really should be on procreation, we're not going to give marriage licenses any more to any couple where both people are over the age of 55." Would that be constitutional?

COOPER: No, Your Honor. It would not be constitutional.

KAGAN: Because that's the same State interest, I would think. You know? If you're over the age of 55, you don't help us serve the government's interest in protecting procreation through marriage. So why is that different?

COOPER: You, you, Your Honor, even with respect to couples over the age of 55, it is very rare that both couples — both parties to the couple — are infertile.

(Laughter from the gallery.)

KAGAN (interjecting): No really, because the couple — 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.

(h/t: Blogging via Typewriter, which has been following the oral arguments throughout the day.)

Tags: , , , , ,

Comments (4)

Showing 1-4 of 4

Add a comment

 
Subscribe to this thread:
Showing 1-4 of 4

Add a comment

Staff Pick

Artistic Expression Under Glass: For the Whole Family!

Create a spectacular piece of art with your favorite youngster. Contemporary artist, Bonnie Pisik, will lead you… More

@ Tucson Botanical Gardens Sat., June 25, 10 a.m.-12 p.m., Sat., July 23, 10 a.m.-12 p.m. and Sat., Aug. 27, 10 a.m.-12 p.m. 2150 N. Alvernon Way.

» More Picks

Submit an Event Listing

Popular Content

  1. Zona Politics: Your Primary Election Round-Up! (The Range: The Tucson Weekly's Daily Dispatch)
  2. The Weekly List: 21 Things To Do In Tucson In The Next Seven Days (The Range: The Tucson Weekly's Daily Dispatch)
  3. Casa Video Top 10 (The Range: The Tucson Weekly's Daily Dispatch)
  4. The New York Times is Telling the Story of How Tucson Became an 'Unlikely Food Star' (The Range: The Tucson Weekly's Daily Dispatch)
  5. Cinema Clips: Don't Think Twice (The Range: The Tucson Weekly's Daily Dispatch)

© 2016 Tucson Weekly | 7225 Mona Lisa Rd. Ste. 125, Tucson AZ 85741 | (520) 797-4384 | Powered by Foundation