Forum Post: Lawyer supporting Prop. 8 makes air tight case in favor of overturning Prop. 8 and all gay marriage bans.
Posted 5 years ago on March 27, 2013, 4:40 a.m. EST by factsrfun
from Phoenix, AZ
This content is user submitted and not an official statement
In this clip from the Rachel Maddow Show Justice Kagan asks if it would be constitutional to ban marriage for people over 55 as they could not procreate. The response was that in almost all cases the man still could and therefore the marriage would serve the purpose of keeping him from wandering, thus satisfying the State’s interest in marriage.. It gets lost here not sure if even the Justices picked up on it, but wouldn’t marriage between gay men or women do the same thing? Therefore isn’t there a procreative reason for marriage even among gays? In that it discourages acting outside that realationship?
Anyway that’s how I saw it.