Mr. Cooper, suppose a State said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?


Just Kagan compares same-sex couples to those over the age of 55 and states that if the sole purpose for marriage is procreation, it wouldn't be unconstitutional to prohibit the marriage of those who would be unable to produce children.