Supreme Court Justice Kagan Destroyed The Idea That Marriage Is Only For Having Babies

Chip Somodevilla/Getty ImagesThe transcript of today’s Supreme Court arguments for and against Proposition 8 (the California law that bans gay marriage) are out.

In one instance that drew laughter from the courtroom, Supreme Court Justice Kagan asked the lawyer for Prop 8 supporters:

Would it be constituional if a state said that, in the name of protecting procreation, it is not going to give marriage licenses anymore to any couple where both people are over the age of 55?

The lawyer, Charles Cooper, said it would not be.

Kagan then asked him: Why is that situation different than gay marriage?

Cooper replied that it’s very rare “that both couples — both parties to the couple are infertile, and the traditional —”

Amid laughter Kagan cut him off, saying “I can 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.”

More laughter.

NOW WATCH: Briefing videos

Business Insider Emails & Alerts

Site highlights each day to your inbox.

Follow Business Insider Australia on Facebook, Twitter, LinkedIn, and Instagram.