Excerpts from Tuesday’s arguments before the Supreme Court about California’s Proposition 8 ban on same-sex marriage.
On whether the court should be hearing the case:
Justice Sonia Sotomayor
“Why is taking a case now the answer?”
On the rights of same-sex couples:
Theodore Olson, attorney repenting gay marriage supporters
"This is a measure that walls off the institution of marriage, which is not society's right. It's an individual right that this Court again and again and again has said the right to get married, the right to have the relationship of marriage is a personal right. It's a part of the right of privacy, association, liberty, and the pursuit of happiness."
On whether allowing gay marriage harms traditional marriage:
Justice Elena Kagan
“How does this cause and effect work?”
Charles J. Cooper, attorney representing gay marriage opponents
“The state’s interest and society’s interest in what we have framed as ‘responsible procreation’ is vital.”
On the rights of same-sex couples:
Olson
This is a measure that walls off the institution of marriage, which is not society’s right. It’s an individual right that this Court again and again and again has said the right to get married, the right to have the relationship of marriage is a personal right. It’s a part of the right of privacy, association, liberty, and the pursuit of happiness.
On redefining marriage:
Justice Antonin Scalia
“Mr. Cooper, let me … give you one one concrete thing. I don’t know why you don’t mention some concrete things. If you redefine marriage to include same-sex couples, you must… permit adoption by same-sex couples, and … there’s considerable disagreement among among sociologists as to … whether that is harmful to the child or not. Some states do not … permit adoption by same-sex couples for that reason.”
Chief Justice John Roberts (to Olson)
“It’s just about the label (of marriage) in this case. All you’re interested in is the label, and … in changing the definition of the label.”
On children of same-sex parents:
Justice Anthony Kennedy
“I think … that there’s substance to the point that sociological information is new. We have five years of information to weigh against 2,000 years of history or more. On the other hand, there is an immediate legal injury or … what could be a legal injury, and that’s the voice of these children. There are some 40,000 children in California … that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case, don’t you think?”
Cooper
“I certainly would not dispute the importance of that consideration — that consideration especially in the political process, where this issue is being debated and will continue to be debated, certainly, in California. It’s being debated elsewhere. But on that — on that specific question, Your Honor, there simply is no data.”
About the Author
