My Brief Observations at the Supreme Court

As you know, this week the Supreme Court is listening to arguments to determine if California's Proposition 8, which bans gay marriage, is unconstitutional. The Court is also deciding on the constitutionality of the Defense of Marriage Act (DOMA) which prevents the federal government from recognizing our marriage (in terms of things like inheritance, pensions, social security, and the more than 1,180 protections of a legal marriage).

Credit: AFP/Getty/Baltimore Sun

   Some of the things that struck me in the hearing:
1) Mr. Cooper, lawyer opposing gay marriage said that marriage is about having children. Justice Kagan asked "What if people over 55 want to get married? Are you saying because they can't have children, they can't get married?"   Cooper said "Well, Strom Thurmond was still fertile in his 90s and could get married" (even though his 90ish year old wife couldn't get pregnant - but hey, that's okay).  Idiots.  Cooper tried to tell the Justices that people over 55 can still have kids and get married. He said that there should be a 'fertile' or 'infertile' questionnaire when older people get married because marriage is about pro-creation. HA! 

2) Mr. Cooper said that gay families should never be recognized. Justice Kennedy said something about the 40,000 children in California who have same-sex parents and want their parents to be recognized. Cooper had no answer. 
3) Justice Kagan asked Cooper how two men who marry destroy a heterosexual marriage. Cooper changed the subject. Then Justice Scalia said, "Answer Justice Kagan's question." Cooper said "That's not the question - it's one of preserving the tradition of marriage." He was then asked again to answer Justice Kagan's question and he could not answer how marriages like mine are destroying straight marriages.

  What's amazing and sad to me is that the opposition has no leg to stand on, and keeps bringing up the same arguments. At least the Justices are asking some good questions.
MEANWHILE, IN CALIFORNIA: 
4)  Attorney General Kamala D. Harris today filed a friend-of-the-court brief in the United States Supreme Court arguing that California's Proposition 8 is unconstitutional and the initiative’s sponsors do not have the right to claim to represent the interests of California by defending the law in federal court. - She was interviewed on the Rachel Maddow Show last night, March 26. She is the first female Atty General of California, and an African-American and she brought tears to my (Rob) eyes. She firmly stated that all people deserve to be seen as equals and mentioned the inter-racial couple in 1958 in Virginia that were foolishly denied marriage by that state. She said it's the same thing. SEE THE VIDEO: http://www.nbcnews.com/id/26315908/vp/51342082#51342082