E
epan
Guest
That is essentially one of the legal arguments which has been upheld in the courts. Because the state cannot show a compelling interest in preventing gay marriage, then the right cannot be denied. Further, all the benefits that you claim for heterosexual marriage are also present in gay marriages, with the exception of procreation, which is not a legal requirement of marriage at all.I haven’t read this whole thread, because its quite long, but I’ll give my answer to the OP.
I would not try to make such marriages illegal, the reason being that they still seem geared towards the states interest. If there are going to be any state laws with respect to who can and cannot be married legally, they need to be based off of an understanding of the purpose of having legal marriages in the first place as opposed to just private marriages. Why is marriage recognized by the state and why are people given special privileges for entering into this state? The only answer I can see is that it is beneficial for the state to encourage both procreation and the creation of a stable environment for the growth of children. This is necessary for the maintenance of the state by the , production, if you will, of more stable, healthy citizens who can maintain it. Because of this, any laws pertaining to who can and cannot marry legally must be aimed towards encouragin procreation, and creating a stable environment for the children once they are conceived. Same-sex couples can’t procreate, their relationship with each other is necessarily a sterile relationship, therefore I see no reason for the state to expand marriage privileges to such couples. Heterosexual couples who have been divorced can still form a fertile union and a stable environment for their children, so I see no reason for a legal ban on such people becoming legally married.