Indiana appeals court affirms ban on same-sex marriage
From the opinion of the Indiana Court of Appeals, affirming decision by a lower court to dismiss -- for failure to state a claim upon which relief could be granted -- complaint of three same-sex couples seeking marriage licenses:
One of the State’s key interests in supporting opposite-sex marriage is not necessarily to encourage and promote “natural” procreation across the board and at the expense of other forms of becoming parents, such as by adoption and assisted reproduction; rather, it encourages opposite-sex couples who, by definition, are the only type of couples that can reproduce on their own by engaging in sex with little or no contemplation of the consequences that might result, i.e. a child, to procreate responsibly.
The State recognized this during oral argument when it identified the protection of unintended children resulting from heterosexual intercourse as one of the key interests in opposite-sex marriage. The institution of opposite-sex marriage both encourages such couples to enter into a stable relationship before having children and to remain in such a relationship if children arrive during the marriage unexpectedly.
The recognition of same-sex marriage would not further this interest in heterosexual “responsible procreation.” Therefore, the legislative classification of extending marriage benefits to opposite-sex couples but not same-sex couples is reasonably related to a clearly identifiable, inherent characteristic that distinguishes the two classes: the ability or inability to procreate by “natural” means.
Justice Cordy of the Supreme Judicial Court of Massachusetts has aptly described the connection between marriage, heterosexual reproduction, and childrearing in a way that emphasizes our point regarding “responsible procreation” and the fundamental difference between same-sex and opposite-sex couples:
"Paramount among its many important functions, the institution of marriage has systematically provided for the regulation of heterosexual behavior, brought order to the resulting procreation, and ensured a stable family structure in which children will be reared, educated, and socialized.
Admittedly, heterosexual intercourse, procreation, and child care are not necessarily conjoined . . ., but an orderly society requires some mechanism for coping with the fact that sexual intercourse commonly results in pregnancy and childbirth. The institution of marriage is that mechanism."
The court's opinion, in PDF format, is here.
(Thanks to How Appealing.)