linesJudge Patrick Higginbotham, considered the swing vote among the three judges hear the marriage cases this morning, is getting more skeptical of the procreation argument as the morning wears on.

Mississippi argued that marriage encourages and incentivizes procreation.

“You don’t need an incentive to have sex,” Higginbotham said in response to what he thought was the state’s stupid argument.

Texas is being heard now. If Higginbotham has heard enough of stupid arguments, he may really light into the attorneys representing the state.