Prop 8 lawyer’s Supreme Court argument: Babies and timing

Supreme Court Justice Anthony Kennedy, considered the swing vote in the Prop 8 case.

Supreme Court Justice Anthony Kennedy, considered the swing vote in the Prop 8 case.

The weirdest part of this morning’s arguments on Prop 8 before the Supreme Court is that everybody — including the lawyer representing Prop 8 backers — seems to think same sex marriage is an inevitability, but that the court’s duty is not to hurry it along.

Consider the California voter, in 2008,” said Charles Cooper, the attorney for Prop 8’s backers, “in the ballot booth, with the question before her whether or not this age-old bedrock social institution should be fundamentally redefined, and knowing that there’s no way that she or anyone else could possibly know what the long-term implications of — of profound redefinition of a bedrock social institution would be. That is reason enough, Your Honor, that would hardly be irrational for the voter to say, I believe that this experiment, which is now only fairly four years old, even in Massachusetts, the oldest state that is conducting it, to say, I think it better for California to hit the pause button and await additional information from the jurisdictions where this experiment is still maturing.”

The pause button! Not the stop or off button, but the pause button!

And what’s the rationale for the slowdown? To see if same-sex marriage is working?

Read the rest…

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