@BillRM,
BillRM wrote:
Most married heterosexual couples do end up with children born into and as a direct result of that relationship. Not all but most and currently 80 percent of children are born into that form of relationship in this country.
The state does not need to demand that all such couples have children to set up a system of licensing to cover this form of human relationship that does indeed end up producing the majority of children.
Given that not one gay couple in the history of the human race had produce one child inside their relatiosnhip I see zero point or justice in granting them the same license or the same transfer of benefits and wealth we do to married straight couples.
The two form of relationships are not the same can not be the same and therefore can and should not be treated the same.
The public as a whole have no stake in promoting long term gay relatiosnhips and therefore should not be involve one way or another.
This whole gay married idea on the face of it is PC silliness taken to the n degree.
You fail to understand that the State cannot legally license a FUNDAMENTAL RIGHT and then exclude an entire class of people from obtaining that license unless the exclusion is narrowly tailored to serve a compelling state interest.
The State has no compelling interest in limiting marriage only to opposite sex couples who are capable of biologically producing children. Even if such an outlandish interest existed, State marriage licensing laws are NOT narrowly tailored to serve that alleged interest because state licensing laws have NEVER required people who marry each other to be capable of biologically producing children. Infertile couples have the same right to marry as fertile couples. Couples who do not intent to have children have the same right to marry as those who do. Under the "narrowly tailored" portion of the equal protection analysis, if you're going to exclude gay couples because they cannot biologically produce a child together, then you must also exclude all other couples who cannot biologically produce a child together.
Because the law does not serve a compelling interest and because it is not narrowly tailored to serve any conceivable compelling state interest, it is unconstitutional. Additionally, your flawed reasoning ignores the fact that marriage is NOT necessary for people to copulate or to produce offspring. Thousands of babies are conceived and born out of wedlock everyday. Given modern day divorce rates and the numbers of children born out of wedlock, more than half the children born in this country are being raised in "non-traditional" familial settings.
The fact that many gay couples are entering into long-term relationships and forming families, and many of those gay couples are raising children gives rise to the undeniable truth that the State, by and through State marriage laws, favors "heterosexual" families and disfavors "homosexual" families in violation of our core constitutional tenants.