Justices Sotomayor & Kagan Put The Smackdown On Pro-Prop 8 Lawyer Charles Cooper


Based on oral arguments that took place at the Supreme Court this week, I’m hopeful that the Defense of Marriage Act will soon be struck down. I’ve got my fingers crossed about Proposition 8, too, but if the ruling does go in our favor, it’s probably not going to be a broad win for LGBT folks who live outside California.

That said, there were some amazing moments during Tuesday’s oral arguments. Here’s a clip of Attorney Charles Cooper attempting to justify Prop 8 to Justices Sonia Sotomayor, Anthony Kennedy, Elena Kagan, and apparently, himself. At the end of the excerpt, tone-deaf Antonin Scalia tries to get a rise out of the liberal justices (and every woman on Planet Earth) by making a wisecrack about Strom Thurmond, but the only person who chuckles much is Scalia. Kagan gets far more laughs a few minutes earlier when she ridicules Cooper’s “marriage is about fertility” argument.

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