Cooper also wilted under Justice Sonia Sotomayor’s questioning of whether it would be justifiable to discriminate against gay people in a non-marriage context. He said it wouldn’t. “I don’t quite understand it,” Sotomayor said, having cornered him. “If you’re not dealing with this as a class question, then why would you say that the Government is not free to discriminate against them?” In other words, Cooper has to justify why marriage is different, and his answer is because marriage is supposed to be for babies. (Or as he inauspiciously put it to Sotomayor,” Your Honor, that’s the essential thrust of our — our position, yes.”) In the absence of childbearing, Cooper said, society would “refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples.” This was viewed as self-evidently terrible.
Prop 8 defenders have gender anxiety - Salon.com
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