And just like that, a hearing
about marriage equality[1]
turns into pointed questioning by an unmarried, childless, woman Supreme Court Justice (the horror!), culminating in the sound
of thousands of infertiles applauding (or so I’ve led myself to believe in my
head):
Justice Kagan:
Well, suppose a state said, Mr. Cooper, 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?
Mr. Cooper: No,
your Honor, it would not be Constitutional.
Justice Kagan:
Because that’s the same state interest, I would think, you know. 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?
Here, here, Justice Kagan. But wait, there’s more!
