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Hollingsworth v. Perry.

  • ALITO: Seriously, Mr. Olson. If California provides all the substantive benefits of marriage to same-sex, domestic partnerships, are you seriously arguing that if California, if the case before us now were from a state that doesn't provide any of those benefits to same-sex couples, this case would come out differently?
  • OLSON: No, I don't think that it would come out differently, because the fundamental arguments we're making with respect to class-based distinctions; with respect to a fundamental right -- however, to the extent that my opponent, in the context of California, talks about childrearing, or adoptions, or rights of people to live together and that sort of thing --- those arguments can't be made on behalf of California because California has already made it a decision, that gay and lesbian individuals are perfectly suitable as parents; they're perfectly suitable to adopt; they're raising 37,000 children in California. And the expert on the other side specifically said and testified that they would be better off if their parents were allowed to get married.