That is actually an argument being made by anti-same-sex-marriage litigators. To the Supreme Court of the United States. This is not a joke. Someone give this guy a raise, because this is creative:
Marriage should be limited to unions of a man and a woman because they alone can “produce unplanned and unintended offspring,” opponents of gay marriage have told the Supreme Court.
By contrast, when same-sex couples decide to have children, “substantial advance planning is required,” said Paul D. Clement, a lawyer for House Republicans.
House Republicans! They always find the best guy for the job.
The traditional marriage laws “reflect a unique social difficulty with opposite-sex couples that is not present with same-sex couples — namely, the undeniable and distinct tendency of opposite-sex relationships to produce unplanned and unintended pregnancies,” wrote Clement, a solicitor general under President George W. Bush. “Unintended children produced by opposite-sex relationships and raised out-of-wedlock would pose a burden on society.”
“It is plainly reasonable for California to maintain a unique institution [referring to marriage] to address the unique challenges posed by the unique procreative potential of sexual relationships between men and women,” argued Washington attorney Charles J. Cooper, representing the defenders of Proposition 8. Same-sex couples need not be included in the definition of marriage, he said, because they “don’t present a threat of irresponsible procreation.”
Marriage should exclude gays because they aren’t irresponsible enough for marriage, and if they have children it means they actually wanted them and took proactive steps to reproduce. This is a real argument.
It is nice, at least, to see that even the finest conservative legal minds in our country have an impossible time making the argument that the state has any sort of legitimate interest in limiting marriage to opposite-sex couples.
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