JUSTICE KENNEDY: I — I think there’s — 5 there’s substantial — that there’s substance to the 6 point that sociological information is new. We have 7 five years of information to weigh against 2,000 years 8 of history or more. 9 On the other hand, there is an immediate 10 legal injury or legal — what could be a legal injury, 11 and that’s the voice of these children. There are some 40,000 children in California, according to the Red Brief, that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case, don’t you think?
40,000 Californians. That’s about the same number of prisoners Justice Kennedy released in Brown v. Plata. What about the children there?
Update: Verrilli also thinks of the children:
The argument here about caution is an argument that, well, we need to wait. We understand that. We take it seriously. But waiting is not a neutral act. Waiting imposes real costs in the here and now. It denies to the — to the parents who want to marry the ability to marry, and it denies to the children, ironically, the very thing that Petitioners focus on is at the heart of the marriage relationship.