Emily Le Coz

The Clarion-Ledger

Both sides on a federal case challenging Mississippi's gay-marriage ban rested after three hours of arguments Wednesday before U.S. District Judge Carton Reeves, who dismissed the court for a lunch break set to end at 1:45 p.m.

The hearing likely will end today, but it's unclear if Reeves will immediately issue a decision on the question at hand: Whether to grant the plaintiff's motions for preliminary injunction against the state's gay-marriage ban or whether to grant the defense's motion to stay the case.

"This is an extremely important case to everyone," Reeves said before the break.

New York-based attorney Roberta Kaplan presented a rapid-fire case for her clients, which include two Mississippi same-sex couples with children: Carla Webb and Joce Pritchett; and Rebecca Bickett and Andrea Sanders.

Kaplan, described by her firm as a "powerhouse corporate litigator and pressure junkie" successfully argued in favor of gay marriage before the U.S. Supreme Court in the U.S. versus Edith Windsor case.

At times excusing herself for speaking too quickly, Kaplan rattled off her reasons why she believes the state's gay-marriage ban violates the constitution and her clients' rights and padded her arguments with documented case law.

Kaplan's style was sharply contrasted by that of lead counsel for the state, Justin Matheny, who at times seemed to stumble through his arguments and admitted an unfamiliarity with many of the issues at hand.

"When I found out I would be the one to come to court and argue this case, I had to do some research," Matheny said near the opening of his remarks, eliciting a chuckle or two from the packed courtroom.

An additional courtroom had to be used to handle the number of observers. Reeves asked both attorneys several questions, but the vast majority went to Matheny, including this one: "What is the state's rational basis that same-sex couples can't marry … and its prohibition of same sex couples from adopting children when all a child wants is to be loved, and they don't care by whom?"

Matheny cited "responsible procreation" as his response, meaning that the state wants marriage only between couples who can responsibly procreate.

"You allow people in prison to be married, and there are no more conjugal visits," Reeves argued. "Old people can marry" and they can't bear children "with the exception of Abraham and Sarah."