I mean, there are lots of people who get married who can't have children. To take a state that does allow adoption and say-there, what is the justification for saying no gay marriage? Certainly not the one you said, is it?
Stephen BreyerI think whether you are a judge on my court or whether you are a judge on a court of appeals or any court, and lawyers too - and if you're interested in law yourself, you'll be in the same situation - you have a text that isn't clear. If the text is clear, you follow the text. If the text isn't clear, you have to work out what it means. And that requires context.
Stephen BreyerYou can have many different selection systems, but the bottom line has to be a system that, once the judge takes office that judge will feel that he or she is to decide the case without reference to the popular thing or the popular will of the moment
Stephen Breyer