CALIFORNIA RULING: John Howard

The judge thinks he has covered all the bases when he says "One does not have to be married in order to procreate, nor does one have to procreate in order to be married," but actually he is missing a base: couples that are not allowed to procreate. And if a couple does not have a right to procreate, like, say, a brother and sister, then that couple's marriage would also be declared "incestuous and void", even in California:

285. Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

Well, after Congress passes the Bioethics Council's egg and sperm law, same-sex couples will not have a right to procreate together. Adam will have a right to procreate with Eve, but not with Steve. That law will be entirely rational and
ethical, as same-sex procreation will cause hundreds of aborted attempts and many early childhood deaths and lots of suffering. Plus, there is simply no need to create people that way. Once Congress gets around to considering this law, there is no way they could reach any other conclusion -- they will have to make procreation -- and marriage -- a heterosexual right exclusively.

There will be no middle ground, no way to ban same-sex procreation but allow SSM, because all marriages are allowed to procreate, it is a constitutionally protected
right. And it won't be "invidious discrimination" to prevent people from marrying and procreating with someone of their same-sex, because there is no arbitrary
racial classification going on, the egg and sperm are truly scientifically different. There are no "mixed-gametes" a la "mixed-race" people, there are only eggs and sperms, and every "race" has them. In fact, to even compare SSP to interracial procreation is highly offensive, suggesting that there are risks
involved and that the races can't mix naturally....

There is a certain inevitability that if we push for Congress to enact the egg and sperm law, they will enact it, and if we show how this stops same-sex marriage and reaffirms the meaning of marriage, it will do that, too.
posted by Eve at 9:35 PM | link

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