Charles J Cooper, the attorney for the pro-Prop 8 petitioners made the key argument that marriage is for the purpose of producing offspring. He argued that since same sex couples can not make children that they have no claim to matrimonial rights.
Charles Cooper And Justice Elena Kagan Have "An Amusing Exchange"
That statement was followed by what many news reporters called "an amusing exchange" between Charles Cooper and Justice Elena Kagan. I would label that exchange in poor taste at the least and certainly lacking the wisdom we come to expect of Supreme Court justices.
Here is what was reported in the Los Angeles Times in their article "Supreme Court Appears Timid About Expanding Same-Sex Marriage" (March 27th, 2013).
"This led to an amusing exchange between Cooper and Justice Elena Kagan. Kagan said, by Cooper’s reasoning, a 55-year-old couple could be barred from marrying since they could not produce offspring. Laughter erupted from the courtroom audience when Cooper responded by noting the 55-year-old man, at least, would be fertile. Justice Antonin Scalia chimed in with weird comments about the fertility of the very elderly former senator from South Carolina, Strom Thurmond. How that was germane only Scalia knows."
Jovial Atmosphere In Supreme Court Disturbing During Gay Hearings
I found this jovial atmosphere in the courtroom disturbing. The dialogue seemed to get stuck on fertility issues and avoided the bigger issue of equal rights as well as the current status of so many gay couples who are already parents. I thought the discussions in the courtrooom were out of touch with the critical issue of civil rights for every citizen with or without children. And by the way many couples both gay and straight choose to be childless and that too is part of the variety of choices couples make. Here is more from the LA Times article about gay parents and children.
"Oddly, no one pointed out that homosexual couples actually are producing children through sperm donors and surrogate mothers. They are also becoming parents via adoption. Justice Anthony M. Kennedy noted that, in California alone, 40,000 children are being raised by homosexual parents. In the modern world, there is more than one path to parenthood."
Wake Up Judges
Wake up judges ......there is no one version of "family" for gays or for straights. Children raised by gay parents need to be protected in the same way as other families. Here is what The American Academy of Pediatrics says on "Where we Stand: Gay and Lesbian Parents":
"Increasing numbers of children have been adopted by gay or lesbian individuals or couples in recent years. In some states this has stimulated political debate and public policy change. A growing body of scientific literature reveals that children who grow up with one or two gay and/or lesbian parents will develop emotionally, cognitively, socially, and sexually as well as children whose parents are heterosexual. Parents’ sexual orientation is much less important than having loving and nurturing parents. The American Academy of Pediatrics recognizes the diversity of families. We believe that children who are born to, or adopted by, one member of a gay or lesbian couple deserve the security of two legally recognized parents. Therefore, we support statutory and legal means to enable children to be adopted by the second parent or coparent in families headed by gay and lesbian couples. The AAP supports civil marriage for all parents who wish to marry, to provide legal and economic stability for parents to more effectively rise their children". http://www.healthychildren.org/English/family-life/family-dynamics/types-of-families/Pages/Where-We-Stand-Gay-and-Lesbian-Parents.aspx
But while protecting the best interests of children is of course a critical issue, the basic civil rights of same sex couples is at the core of these Supreme Court hearings. I found the court hearings yesterday lacking in intelligent discourse. I was extremely disappointed in the conduct of the court. There was an anxious immature atmosphere in the courtroom. We are ALL entitled to equal rights under the law. I urge my readers to speak up and blog about this topic.
Supreme court cartoon from http://www.newyorker.com/online/blogs/newsdesk/2013/03/prop-8-gay-marriage-supreme-court-oral-arguments.html
"I am Not A Second Class Citizen" photo courtesy of WFAA.com
Gay family photo courtesy of ABC News Radio http://abcnewsradioonline.com/health-news/same-sex-families-at-risk-with-patchwork-of-state-parenting.html
