Friday, April 03, 2009

Excerpt from the Ruling: The Procreation Argument

Here the Court makes sense:

"The County also proposes that
government endorsement of traditional civil marriage will result in more
procreation. It points out that procreation is important to the continuation
of the human race, and opposite-sex couples accomplish this objective
because procreation occurs naturally within this group. In contrast, the
County points out, same-sex couples can procreate only through assisted
reproductive techniques, and some same-sex couples may choose not to
procreate. While heterosexual marriage does lead to procreation, the
argument by the County fails to address the real issue in our required
analysis of the objective: whether exclusion of gay and lesbian individuals
from the institution of civil marriage will result in more procreation? If
procreation is the true objective, then the proffered classification must work
to achieve that objective.

Conceptually, the promotion of procreation as an objective of marriage
is compatible with the inclusion of gays and lesbians within the definition of
marriage. Gay and lesbian persons are capable of procreation. Thus, the
sole conceivable avenue by which exclusion of gay and lesbian people from
civil marriage could promote more procreation is if the unavailability of civil
marriage for same-sex partners caused homosexual individuals to “become”
heterosexual in order to procreate within the present traditional institution
of civil marriage


and of course, the reverse is also true, not that the court says so:

"A fourth suggested
rationale supporting the marriage statute is “promoting stability in opposite
sex relationships.” While the institution of civil marriage likely encourages
stability in opposite-sex relationships, we must evaluate whether excluding
gay and lesbian people from civil marriage encourages stability in oppositesex
relationships. The County offers no reasons that it does, and we can
find none. The stability of opposite-sex relationships is an important
governmental interest, but the exclusion of same-sex couples from marriage
is not substantially related to that objective."

A law permitting gay marriage will not convince heterosexuals to break up their marriages to marry a member of the opposite sex.

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