WHAT'S SEX GOT TO DO WITH IT? Maggie Gallagher

Forgive me Gabriel for not actually responding to the content of your post. I am struck instead by certain formal qualities of argument. Consider these two lines of reasoning: First the UNBEATABLE INFERTILITY ARGUMENT a) some infertile couples marry therefore b) the law of marriage is not primarily about procreation. In order to be about procreation, marriage law must c) investigate the fertility status of couples before they marry, and d) forbid infertile couples to marry.

OK, let's do the same thing with sex. a) Some married couples do not have sex. b) Therefore marriage as a legal union has nothing to do with sex. (Gabriel thinks it consist of a promise to exclude all others but not neccessarily to include one's spouse but let's leave that aside for a minute) c) Unless the law investigates whether married couples are having sex and forcibly divorces those who are not d) marriage as a legal union has nothing to do with sex.

Does anyone else think that both of these lines of reasoning are absurd?

Can anyone else explain why?

posted by maggie at 1:12 AM | link

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