Justice Kagan Destroyed The Idea That Marriage Is Only For Having Babies
Mar 26, 2013, 22:59 IST
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At one point Justice Elena Kagan took on the argument that the institution of marriage serves to protect traditional procreative purposes. Kagan asked whether the state should ban old people from getting married too.
From the transcript:
JUSTICE KAGAN: Well, suppose a State said, ... 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. 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? MR. COOPER: Your Honor, even with respect to couples over the age of 55, it is very rare that ... both parties to the couple are infertile, and the traditional — (Laughter.) JUSTICE KAGAN: ... 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. (Laughter.)