( Matt Ortega )

Legal defense lawyers for Proposition 8 supporters were handed a major defeat in court as a judge refused to dismiss efforts to overturn the voter-approved Proposition 8 ballot initiative. Prop. 8 supporters may want to ask for their money back as attorney Charles Cooper offered a ridiculous argument against marriage equality:

After two hours of legal sparring, Chief U.S. District Judge Vaughn Walker largely rejected the arguments of Proposition 8 supporters, who maintained that U.S. Supreme Court precedent and a lack of proof of constitutional violations should sidetrack a lawsuit designed to overturn the ballot measure.

The judge seemed particularly unpersuaded by Proposition 8 attorney Charles Cooper’s argument that the state can outlaw same-sex marriage because of the traditional definition of marriage and its purpose of procreation.

“Procreation doesn’t require marriage,” Walker noted at one point.

Going a step further, this line of thought would exclude straight couples that may be unable to have children, or couples that simply do not wish to have children at all. To argue otherwise would only confirm critics of the marriage equality opponents that they are targeting gay couples on the basis of sexual orientation.

Tags: Gay Rights