Mar 27, 2013
Nope. All infertilities are not equal. There is a crucial difference between an infertile heterosexual union and an impotent homosexual one.
This week, the US Supreme Court began its deliberations on the contentious issue of same-sex marriage. One of the two cases it will hear concerns California's Proposition 8, an approved state constitutional amendment that defines marriage as between a man and a woman. One of the objections to this amendment brought by lawyers Ted Olsen and David Boies for the two same-sex couples who seek to overturn it is that, "this court has never conditioned the right to marry on the ability to procreate."
That is exactly right.
No court has ever made the ability to marry contingent on the ability to procreate. In the Perry v. Schwarzenegger case in 2010, which first found Proposition 8 unconstitutional, US District Chief Judge Vaughn R. Walker stated that the ability to produce offspring has never been a prerequisite for granting heterosexual couples marriage licenses.