J_B wrote:joefromchicago wrote:
The state, in other words, has an interest in seeing that kids are raised in families that have both a mother and a father (even though, as the dissent admits, Massachusetts allows both gay couples and single persons to adopt children).
Which, to me, is an obvious contradiction to the point of the dissent.
I think the dissent has a lot of logical problems. For instance, if the state has an interest in promoting legitimate births and discouraging illegitimate ones, then that's as much an argument in favor of state-sponsored abortion as it is for state-sponsored marriage. I doubt, however, that the dissenters would endorse the former as enthusiastically as they endorse the latter.
Likewise, if legitimate procreation is the state's interest in marriage, why are benefits unrelated to procreation given to married couples, and, particularly, why are they given to childless married couples? For instance, spouses cannot be compelled to testify against each other, yet that testimonial immunity has nothing whatsoever to do with procreation. So what's the relationship? Where's the state interest?