Supreme Court expresses skepticism over upholding Prop. 8

The Supreme Court asked skeptical questions Tuesday of former Reagan administration lawyer Charles J. Cooper about his assertion that California’s ban on gay marriage should be upheld.

Chief Justice John G. Roberts, Jr. questioned Cooper as to whether his clients had standing to challenge lower court decisions overturning Proposition 8.

Justice Anthony Kennedy, seen as the swing vote on the issue, asked about the rights of children whose parents are already married.

“They want their parents to have full recognition,” Kennedy said to Cooper.

PHOTOS: Supreme Court considers gay marriage


Cooper was the first lawyer to speak as the justices began hearing arguments on whether gays and lesbians have a constitutional right to marry in a California case that could transform the law nationwide.

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-- Noam N. Levey and David G. Savage


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