Best Moments of Prop 8 Hearing

Justices challenge lawyers on both sides of California's same-sex marriage ban enacted by Proposition 8.
5:34 | 03/26/13

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Transcript for Best Moments of Prop 8 Hearing
-- -- that's simply make the observation that seems implausible. In the extreme 04. Nine justices who have to have seen no substantial federal question if it is true as a response maintain. That. The traditional definition of marriage. Insofar as that it is in support does not include. Same sex couples insofar as it is -- gender definition. Is irrational and can only be explained can only be explained. As as the result of anti gay and malice and -- desire to harm virtually every. Appellate court state and federal with one exception of Hawaii superseded. Opinion has agreed that it is not a gender based classification. But it I guess it is gender based in the sense that marriage itself is it engendered institution engendered term. And so in the same way that father -- Is his gender or motherhood is gender. It's standard in that sense but what we -- we agree that took to the extent to classification. Impact acts as as it clearly -- us. Same sex couples. That that classification can be viewed as being one of sexual orient house is still rather than -- Outside the marriage politics. Can you think of any other rational. Basis. Reason but first C using sexual orientation. As a factor. In. Denying. Homosexuals. Benefits. Or imposing burdensome. Or any other rational decision making that the government could -- denying them a job. Not granting them. Benefits of some sort. Any other decision. You're on I cannot I do not. -- Anything to offer you they are in that regard mr. Cooper could hit and just understand your argument does it is reading the -- seems as though your principal argument is that. Same sex and opposite -- sex couples are not similarly situated. Because. Opposite sex couples can procreate same sex couples cannot and state principle interest in marriage. He's in regulating procreation is that. Basically correct. You hear your honor that's that's the essential thrust of our positions. Mr. -- deliberately let me give you want one concrete thing -- -- -- don't mention some concrete things if you. We define marriage to include. Same sex couples you must. You must permit adoption by same sex couples. And there's there's considerable good disagreement among among sociologists. As too well what the consequences of raising a child and into. And in a single sex. -- friendly. Work whether that is harmful to the children. Some states do not do not permit -- adoption by same sex couples for that reason. If you're over the age of 55 you don't help us serve the government's interest in regulating procreation marriage so -- is that different. -- your honor he even with respect to couples over the age 55. It is very rare that both both parties. -- the couple. Or infirm. And the traditional. -- really penalized if a couple. I can just assure you if both the woman in the man. Are over the age of 55 they're not a lot of children come -- Madison. We have a society society's interest in responsible procreation. Isn't. Just. With respect to the appropriate capacities of the couple itself America on the which imposes. The obligations of fidelity and monogamy your honor. It advances -- date -- interest in responsible procreation by making it more likely that neither party. Including the -- party took to the. Actually mr. nobody supplemental suppose we could have a questionnaire. At that the marriage desk when people coming to get that matters you know are you fertile or are you not fertile. I suspect this court would hold that to be and unconstitutional. Invasion of privacy to -- I know that you'll. Want me to spend a moment or two -- standing question but before -- do that. I thought that would be important for this court. To have proposition eight put in context what it does. -- walls off. Gay and lesbians from marriage the most important relation in life according to this court -- -- -- him. A class of Californians based upon their status. And labeling their most cherished relationships. As second rate different. On the -- and not OKMR. -- night. Cut off your friend before he could get into the merits so I think I was trying to hear what that I know.

This transcript has been automatically generated and may not be 100% accurate.

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