A
_Abyssinia
Guest
You brought up questions basically asking, and I paraphrase, why infertile and/or post-menopausal hetrosexual couples can marry and homosexual couples can not, but the problem with this question is that assumes that infertility is equal to impotency. That’s the point I was making in my previous post. I believe the state in Utah in its defence of upholding marriage between one man and one woman did try to defend against the claim of inferility in hetrosexual mrriages and marriage but the Judge wasn’t persuaded by it. I have not read the state defence of marriage and the section on infertility but I bet they didn’t point out that infertility for a hetrosexual couple is different from impotency for a homosexual couple. I do not think that distiniction is made enough by proponents of marriage between a man and a woman.Does civil law make a distinction between “infertile” and “impotent”? Does either appear in statutes or constitutions relevant to civil marriage in Utah?
Couples who cannot have children are not barred from civil marriage.
Why not? Neither can have children. A man with an orchidectomy cannot father any children. Does he count as “impotent” or “infertile”. Does that change if he is heterosexual, homosexual or bisexual? How is any of this relevant to civil law in Utah?
So, orchidectomies, ovariectomies and hysterectomies come under your definition of “impotent” rather than “infertile”? Such persons are not currently barred from civil marriage in Utah, or in most other places.
I do not think that adoption or fostering are “ethically concerning”. Whatever the ethics, surrogate births are legal, and this thread is about legality.
rossum