- Joined
- Jun 11, 2009
- Messages
- 19,657
- Reaction score
- 8,454
- Gender
- Male
- Political Leaning
- Libertarian
This is not a thread to debate about polygamy. This thread is in reference to the issue of fertility in regard to same sex marriage. The only discernible difference between opposite sex couples and same sex couples is the ability to procreate and thus it is the crux of the same sex marriage debate.
From Walker's ruling of Prop 8.
Most traditional marriage people argue that marriage must be preserved as an institution of procreation, but our law does not reflect that reality. Opposite sex couples are not required to provide proof of fertility in order to get married. As such, opposite sex couples who are infertile, elderly, or who choose not to have children are not denied the right to marry. Same sex couples are just as capable of raising children as opposite sex couples and have the same options as infertile opposite sex couples, such as adoption or using a surrogate or sperm donor.
Why does the state have an interest in taking fertility into consideration with same sex couples when it does not do so with opposite sex couples? How is that not discrimination on the basis of sex or sexual orientation?
From Walker's ruling of Prop 8.
"Proponents pointed only to a difference between same sex couples (who are incapable through sexual intercourse of producing offspring biologically related to both parties) and opposite sex couples (some of whom are capable of producing such offspring.) Proponents did not, however, advance any reason why the government may use sexual orientation as a proxy for fertility or why the government may need to take into account fertility when legislating." pg 122
Most traditional marriage people argue that marriage must be preserved as an institution of procreation, but our law does not reflect that reality. Opposite sex couples are not required to provide proof of fertility in order to get married. As such, opposite sex couples who are infertile, elderly, or who choose not to have children are not denied the right to marry. Same sex couples are just as capable of raising children as opposite sex couples and have the same options as infertile opposite sex couples, such as adoption or using a surrogate or sperm donor.
Why does the state have an interest in taking fertility into consideration with same sex couples when it does not do so with opposite sex couples? How is that not discrimination on the basis of sex or sexual orientation?