According to coverage of the Louisiana case in the New Orleans Advocate, both Judge James Graves, an Obama appointee, and Judge Patrick Higginbotham, a Reagan appointee and the swing vote, asked attorneys representing the state very skeptical questions.
Louisiana based its opposition to same-sex marriage on a state’s interest in procreation. Higginbotham asked — more than once — why let the elderly, sterile or incarcerated individuals marry.
Graves pointed out that when the state says it wants children raised by married couples, it should allow same-sex couples who are raising children marry.