Defending Your Wife

  • Aired:  03/28/13
  •  | Views: 101,704

The Supreme Court hears oral arguments on the constitutionality of same-sex marriage. (4:55)

>> Jon: WELCOME TO "THE DAILY SHOW".

MY NAME IS JON STEWART.

GOT A GOOD ONE TONIGHT OUR GUEST TONIGHT DENISE KIERNAN SHE'S WRITTEN A BOOK BEGUN AN UNTOLD

STORY ABOUT THE WOMEN INVOLVED IN THIS TOWN IN OAK RIDGE, TENNESSEE IN THE MANHATTAN PROJECT.

A FASCINATED BOOK.

DOWN AT THE UNITED STATES SUPREME COURT WHERE AMERICA'S TOP NINE JUSTICES SPENT TWO FULL

DAYS ENJOYING GAY ORAL.

[LAUGHTER]

ARGUMENTS.

[ LAUGHTER ]

THEY WERE HEARING ORAL ARGUMENTS --

[LAUGHTER]

-- ON THE CONSTITUTIONALITY OF THE FEDERAL DEFENSE OF MARRIAGE ACT AND CALIFORNIA'S PROPOSITION

8 BAN ON SAME-SEX MARRIAGE.

YOU WOULD THINK THAT THE MAIN ARGUMENTS AGAINST THE GAY MARRIAGE WOULD HAVE A ELEMENT OF

MORAL OUTRAGE IT'S ADAM AND EVE, NOT ADAM STEVE.

GOD WOULD WANT TO YOU MAKE LOVE SOMETHING TORN FROM YOUR OWN RIB CAGE.

IT'S NOT LIKE ADAM HAD A LOT OF OPTIONS.

IT WAS EITHER HER OR THE SNAKE.

WITH THE SNAKE YOU DON'T EVEN KNOW -- ALL RIGHT.

[ LAUGHTER ]

BUT UNFORTUNATELY FOR GAY MARRIAGE OPPONENTS, THE BROAD MORAL ARGUMENT HAD BEEN DEEMED

JUST TEN YEARS EARLIER BY THIS COURT TO BE UNCONSTITUTIONAL SINCE TO THE LANDMARK CASE IN

TEXAS IN WHICH JUSTICE ANTHONY KENNEDY WROTE FOR THE MAJORITY THAT QUOTE WE AS THE NATION

CANNOT ABIDE THE BANNING OF BUTT SEX PURELY ON THE BASIS OF ITS PUNITIVE YUCKY FACTOR.

[ LAUGHTER ]

AND I CAN ASSURE YOU THAT I'M NOT PARAPHASING THIS JUDICIAL OPINION.

THAT IS WHAT HE WROTE.

GOOGLE BUTT SEX SUPREME AND I THINK YOU WILL FIND OUT --

[LAUGHTER]

ANYWAY, THE POINT IS THIS:

[LAUGHTER]

KENNEDY'S POINT WAS THAT MORAL DISAPPROVAL IN THE ABSENCE OF OTHER HARM COULD NOT BE THE SOLE

BASIS FOR PROHIBITION GO.

TO LITIGATOR MR. PAUL CLEMENT ARGUED THAT THE DEFENSE OF MARRIAGE ACT WAS NOT MORALITY

BASED WHEN IT WAS SIGNED IN 1996 BUT UNTIL FACT MERELY AN EFFORT TO UNIFY FEDERAL STANDARDS TO

RECOGNIZING MARRIAGE LICENSES.

JUST TRYING TO AVOID CONFUSION, YOU KNOW, IN THE SAME WAY THAT WE DON'T HAVE ANY WAY HAVE

INTERSTATE DRIVING AND HUNTING LIE SOARNSES LAWYERS LIE SOARNSES HETEROSEXUAL MARRIAGE

LICENSES WHICH DIFFERENT STATES HAVE DIFFERENT LAWS FORM OF I'LL JUST LET JUSTICE ELENA KAGAN --

I'LL LET HER HANDLE IT.

>> DO WE REALLY THINK THAT CONGRESS WAS DOING THIS FOR UNIFORMITY REASONS?

OR DO WE THINK THAT CONGRESS'S JUDGMENT WAS INFESTED BY THE FEAR, BY ANIMUS AND SO FORTH?

>> Jon: FASCINATING.

MR. CLEMENT?

>> THE OTHER POINT I WOULD MAKE BUT I WANT TO GET AROUND TO THE ANIMUS POINT.

BUT THE OTHER POINT I WOULD MAKE IS WHEN YOU LOOK AT CONGRESS DOING SOMETHING THAT IS UNUSUAL,

THEY DEVIATED FROM IT IN THE PAST.

>> Jon: I'M GOING TO CUT YOU OFF RIGHT THERE MY FRIEND.

BEAUTIFUL SINCE YOU ARE ONLY GOING TO GET AROUND TO THE ANIMUS POINT EVENTUALLY --

[LAUGHTER]

-- PERHAPS WE COULD GO BACK TO 1996 WITH SOME KIND OF CRAZY TIME MACHINE AND LISTEN TO SOME

OF CONGRESS'S GOOD REASONS FOR HAVING DOMA.

LET ME JUST REITERATE THIS IS FROM 1996, NOT 1956.

>> MOST PEOPLE DON'T APPROVE OF HOMOSEXUAL CONDUCT.

>> IT'S INHERENTLY WRONG AND HARMFUL TO INDIVIDUAL FAMILIES AND SOCIETY.

>> AN ATTACK UPON GOD'S PRINCIPLES.

>> THE VERY FOUNDATIONS OF OUR SOCIETY ARE ENDANGERED OF BEING BURNED.

THE FAMILY UNIT IS THE FOUNDATION OF SOCIETY.

>> Jon: WE CANNOT ABIDE ANYTHING LICKING AT THE FOUNDATION OF OUR UNITS.

[ LAUGHTER ]

WE ALLOW THE LICKING OF OUR UNITS --

[LAUGHTER]

-- STRONGLY SLIDE UP AND DOWN THE PILLARS OF OUR SOCIETY.

[ LAUGHTER ]

ULTIMATELY GOBBLING OUR MORALITY DOWN TO THE HILT, GAGGING ON OUR -- WAIT -- WHAT RE

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