COOPER: Society's interest in responsible procreation isn't just with respect to the procreative capacities of the couple itself. The marital norm, which imposes the obligations of fidelity and monogamy, Your Honor, advances the interests in responsible procreation by making it more likely that neither party, including the fertile party to that --
KAGAN: Actually, I'm not even --
SCALIA: I suppose we could have a questionnaire at the marriage desk when people come in to get the marriage -- you know, Are you fertile or are you not fertile? (laughter.) I suspect this court would hold that to be an unconstitutional invasion of privacy, don't you think?
KAGAN: Well, I just asked about age. I didn't ask about anything else. That's not -- we ask about people's age all the time.
COOPER: Your Honor, and even asking about age, you would have to ask if both parties are infertile. Again --
SCALIA: Strom Thurmond was -- was not the chairman of the Senate committee when Justice Kagan was confirmed. (laughter)
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