[S]uppose a State said that, “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?
— Justice Elena Kagan, in response to Charles Cooper’s contention that marriage is an institution that’s been historically and traditionally linked to procreative purposes, during yesterday’s oral arguments on California’s Proposition 8.
(This exchange led to a wildly entertaining political ad parody about the dangers of old people marrying, produced by the Daily Dolt. Because if there’s anything that’s “worse” than gay marriage, it’s gray marriage! Please continue reading to see the video; you can thank us later.)
P.S. Check back in later today for analysis of the United States v. Windsor proceedings later today, courtesy of Michelle Olsen of Appellate Daily. You can follow Michelle’s real-time coverage on Twitter.