Justice Kagan Takes Down The Procreation Argument - Business Insider

Justice Kagan Takes Down The Procreation Argument - Business Insider: "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.)"

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