At one point, Cooper was pressed by the judge, who said, “I don’t mean to be flip,” but went on to ask the lawyer what testimony in the case supports the proposition that the object of marriage is procreation.
Cooper said he didn’t need evidence of that point, surprising the judge, and argued that, even if that was wrong, Judge Walker should uphold the law because the people of California had voted for the same-sex-marriage ban.
Walker seemed bemused, as he did through much of Cooper’s stumbling close. “But the state doesn’t withhold the right to marriage to people who are unable to produce children of their own,” the judge said. “Are you suggesting the state should?” Cooper said no, failing to offer any compelling argument for discriminating against same-sex couples.
Olson was at the top of his game as he concluded the case and got a standing ovation from those watching the proceedings onscreen in the overflow room.
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