The Supreme Court posted audio and transcripts on Tuesday of oral arguments heard in the case of Hollingsworth v. Perry, which argues that California’s Proposition 8, which defined marriage as between a man and a woman, is unconstitutional.
Proposition 8, which Californians ratified in the 2008 election, has been struck down as discriminatory by both district and federal appeals courts. Arguing the case before the Supreme Court Tuesday were Theodore Olson, former Solicitor General under George W. Bush and Democratic Lawyer David Boies in favor of the plaintiffs and Charles Cooper, a former Justice Department official under President Ronald Reagan who argued in favor of Proposition 8 and found time within his testimony to boast about his fertility.
In the Wall Street Journal‘s live blog of Tuesday’s oral arguments, Justice Stephen Breyer asserted that not all marriages are for the purpose of procreation. Justice Elena Kagan pointed out that lots of people get married after 55, and that not a lot of children are coming out of those relationships.
Cooper replied that it’s rare that both members of an older couple are infertile. “Very few men outlive their fertility,” he said, an assertion that was met by the courtroom with a groan.
Read a transcript of arguments, embedded via Scribd, below:
Listen to audio of testimony via Buzzfeed, embedded below: