Supreme Court hears Oral Arguments:Prop 8 Laywer puts foot in mouth, reactions and (lack of) predictions

Stuart Gaffney and John Lewis at Washington DC marriage rally, photo by Dan Avery

As I’m sure you have heard by now, the Supreme Court heard oral arguments today about Prop 8. There’s a general consensus that there were “penetrating” questions being asked of both sides, so it’s unsure what direction the Supreme Court is going to rule. However I do want to bring up when pro-Prop 8 lawyer Chris Cooper tried using the be-all and end-all “marriage is for procreation” argument, things went south very fast.

Justice Elena Kagan: ” … Suppose a state said that, ‘Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55.’ Would that be constitutional? … If you are over the age of 55, you don’t help us serve the government’s interest in regulating procreation through marriage. So why is that different?”

Charles Cooper, lawyer defending Proposition 8: “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, and the traditional —


Justice Elena Kagan: “No, really, because if 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.” -NPR, Gay Marriage Arguments: Cellphones, The Internet, And Fertility Over 55

Even with the obvious blunder by Cooper most analysis concur that we have no idea how the Supreme Court will rule. Below is a video of the Prop 8 attorneys and plaintiffs after today’s arguments:

I guess if you’re realy interested, you can watch what the supporters of Prop 8 had to say after the arguments as well. However it’s really just the usually bologna and delusion shown by the Republicans before the last election, and I’m sure the result will be the same.

You can listen to the audio of today’s arguments or read the transcript (PDF) if that’s more your style.

One thought on “Supreme Court hears Oral Arguments:Prop 8 Laywer puts foot in mouth, reactions and (lack of) predictions”

  1. I did listen to the full audio, and for me, it was challenging to hear it, if only for the mixed responses from the bench. One minute, I was on a high, and the next minute I was on a downer. As Olson said, ” I have no idea which direction the court will go”.



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