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.)

This article appears in Mar 21-27, 2013.

4 replies on “Supreme Court Justice Elena Kagan Makes A Damn Good Point”

  2. Kagan’s better point was when she suggested that gay marriage will lead to polygamy.

  4. Protecting procreation? Really? What about all the babies born as a result of a drunken night out? What about the Dead Beat Dads? What about single Mom’s who are punished for neglect when they can’t afford to pay for daycare while they are working 2-3 jobs? If gays can serve in the miltary and die for their country, then why can’t they be married? So why should gays have to pay taxes if they cannot have the same rights as the men and women, and the “sanctity of marriage”? A lot of you crappy lawmakers don’t practice monogamy, with your prostitutes and affairs. You wouldn’t be able to get anything if not for your positions as “big shots” or $$$ to buy your booty! I look forward to the real Judgement Day!

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