Garmin Tech Support

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Tuesday, 26 March 2013

Hollingsworth v. Perry Arguments

Posted on 20:30 by Unknown
It's been a long time since I've posted anything purely about the law here. But it's time.

I had a busy day at work, which was a bummer, because I read tweets and facebook updates that let me know that many of my legal colleagues were totally focused on the arguments.  Unfortunately, for me, it's close to the end of quarter, so I had to work 'til after 6:30.

Finally, I took the time to read the transcript of the oral arguments before the Supreme Court today and I think it makes sense to summarize some of the issues the justices raised:

Heads up to all you married opposite sex couples who don't plan to (or can't) have kids:

"JUSTICE KAGAN: Mr. Cooper, could I just understand your argument. In reading the briefs, it seems as though your principal argument is that same-sex and opposite -- opposite-sex couples are not similarly situated because opposite-sex couples can procreate, same-sex couples cannot, and the State's principal interest in marriage is in regulating procreation. Is that basically correct?

MR. COOPER: I -- Your Honor, that's the essential thrust of our -- our position, yes."

AND

" MR. COOPER: Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus, 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."

Apparently, if you're like me (married and without plans to procreate), under the Prop 8 supporters arguments, the state has no more interest in protecting or recognizing your marriage than a same-sex couple one.  After all, you're just an adult couple...

Think about it.

You Know, :

Mr. Cooper: If, in fact, it is true, as the people of California believe that it still is true, that the natural procreative capacity of opposite-sex couplescontinues to pose vitally important benefits and risks to society, and that's why marriage itself is theinstitution that society has always used to regulate those heterosexual, procreative -- procreative relationships.


Lest you think I'm exaggerating, I direct you to the discussion of Turner v. Safely on p. 27.

The Court -- the Court here emphasized that,among the incidents of marriage that are not destroyed by that -- at least that prison context, was the expectation of eventual consummation of the marriage and legitimation of -- of the children...

Seriously.

Thank goodness this looks like it'll be settled on standing grounds, because the substantive argument seems to be coming down to "But We Need To Avoid Bastards" and "Married Couples Exist Solely To Have Unprotected Sex and Produce Children." 

Wow.
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in lawyering | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)
Economy Hosting just Rs. 109/month for 12 months!

Popular Posts

  • Happy Friday
    We had friends over for Mandarin night last night and I was able to catch up with L and G.  It felt like I hadn't seen and caught up w...
  • (no title)
    Brrrr..... Beautiful Grand Teton National Park (yes, the French Trappers named it after tatas) is the only national park with an airport in ...
  • (no title)
    Aspirations I recently finished Eat, Love, Pray . I haven't identified that much with a literary voice in a very long time. It was a t...
  • (no title)
    Round-up That was always the yuppie dream: an aristocratic life achieved meritocratically. True dat. For more on this topic, and the curren...
  • Chrystal Springs Trail Run
    Today's Chrystal Springs Trail Run was great.   Such a great local trail run up and down a (small) mountain.  Well run.  Good weather. ...
  • Last Week's Version of Success
    I am just not that hard on myself.  It's true.  When I fall short of my goals, rather than beating myself up, I generally look at how fa...
  • (no title)
    Need to Evolve Tonight, while catching up on facebook with some very long lost friends, I encountered this response: add\n*Jenn* Seriously. ...
  • (no title)
    Back in Lawyer Land 18.5 hour work-day. Yeah, I vaguely remember this... Good night.
  • (no title)
    Today's Feminism I attended an event today that was targeted to successful women in the area of my legal practice. Many interesting sto...
  • Goals: The Signposts of Life
    How is it already October? Also, what is going on with the weather? Everything feels like it is moving entirely too fast for me.  Like I can...

Categories

  • balance
  • Bar Exam
  • books
  • driving
  • economics
  • family
  • food
  • garden
  • home
  • language
  • law school
  • lawyering
  • privacy
  • questions
  • recipe
  • restaurants
  • run
  • running
  • tech
  • tomatoes
  • Tortoise
  • travel
  • wine
  • words
  • yoga

Blog Archive

  • ▼  2013 (76)
    • ►  October (3)
    • ►  September (9)
    • ►  August (8)
    • ►  July (7)
    • ►  June (7)
    • ►  May (7)
    • ►  April (7)
    • ▼  March (10)
      • Now That's More LIke It
      • Some Thoughts On the DOMA Arguments (Now With Curs...
      • Hollingsworth v. Perry Arguments
      • Whirlwind Week
      • Audible Addiction and Device Annoyances
      • LA -- My First Marathon DNF
      • A Great Day
      • LA Marathon Week -1
      • Mandarin Studies and China Trip
      • LA Marathon Week -2
    • ►  February (9)
    • ►  January (9)
  • ►  2012 (124)
    • ►  December (17)
    • ►  November (14)
    • ►  October (13)
    • ►  September (8)
    • ►  August (7)
    • ►  July (6)
    • ►  June (7)
    • ►  May (9)
    • ►  April (8)
    • ►  March (9)
    • ►  February (19)
    • ►  January (7)
  • ►  2011 (94)
    • ►  December (6)
    • ►  November (4)
    • ►  October (9)
    • ►  September (7)
    • ►  August (12)
    • ►  July (8)
    • ►  June (8)
    • ►  May (8)
    • ►  April (9)
    • ►  March (6)
    • ►  February (6)
    • ►  January (11)
  • ►  2010 (96)
    • ►  December (12)
    • ►  November (8)
    • ►  October (4)
    • ►  September (6)
    • ►  August (7)
    • ►  July (8)
    • ►  June (6)
    • ►  May (8)
    • ►  April (10)
    • ►  March (10)
    • ►  February (9)
    • ►  January (8)
  • ►  2009 (110)
    • ►  December (11)
    • ►  November (9)
    • ►  October (11)
    • ►  September (10)
    • ►  August (8)
    • ►  July (12)
    • ►  June (14)
    • ►  May (11)
    • ►  April (13)
    • ►  March (11)
Powered by Blogger.

About Me

Unknown
View my complete profile