The states are in the business of incentivizing marriage for the benefit of children, not to achieve perfection, but to attempt to achieve it.
If their standard is sufficient to exclude a minority group from marriage, the same standard has to be applied to every group. Not just the targeted minority. The fact that
the States exempt straights from this procreation standard but use it as justification to exclude gays demonstrates a profound equal protection violation.
As if the standard were valid, then married couples couldn't adopt. Married couples couldn't artificially inseminate. There could be no blended families of divorce. Sterile couples couldn't marry at all. And marriages for childless couples would be invalidated. Hell, if applied consistently, your grandparent's marriage would be invalidated the moment either of them could no longer sire or bear a child.
But no one is held to the standard. No one is required to procreate or be able to procreate in order to be married. No one. Why then would we invent a non-existent legal standard that applies to no one.....and then exempt all straights and apply it only to gays?
It makes no sense.
There is a very crucial difference between the two. You are arguing from an "achieving perfection" angle; whereas I am not.
I'm applying the equal protection angle. If its the failure of gays to meet the procreation standard that is sufficient to deny them the fundamental right to marry, then ANYONE who fails that standard would also be denied this right.
But its only applied to gays. No other group has this standard applied to it. No straight is denied the right to marry because they can't bear or sire children. Or choose not to. Or because they adopt. Or because they're artificially inseminated. Or any of the myriad of ways the 'procreation' standard could be violated.
If the standard is the reason for exclusion, you have have to apply that standard to everyone. That millions of folks that fail that standard are allowed to marry demonstrates that its not the standard that is the reason for exclusion. And that exemptions for those who can't meet the standard are perfectly valid within the legal union of marriage.
Either grant gays the same 'imperfect' exemptions you'd give any infertile straight couple.....or apply the 'procreation' standard to gay and straights alike. Its one or the other. You can't deny the exemptions under the guise of 'imperfection', when you grant 'imperfection' exemptions to straight couples on a daily basis.
I am arguing from an angle of what the state wants the best mileu for children to be, and holding out that brass ring to entice people to grab for it. People will grab and fall short (childless couples that are hetero or adopt) but the blood-parents model is tried and true. So the state holds out that "both blood parents of the children" brass ring. A childless or adopting hetero couple does not alter the shape, size or shine of that brass ring.
Obviously not...
.as the 'harm to children' you allege is perpetrated almost entirely by straights. Almost all adoptions and artificial insemination are by straights. And every single one violates the 'best mileu for children' standard. Yet you're perfectly content to allow straight parents to violate this standard to their heart's content and do so within the protection of legal marriage.
As you don't believe that your own standard 'harms' children. You believe that gays harm children. As you've said over and over. Demonstrating naked hypocrisy. And robbing your 'best mileu for children' of any rational basis.
Which your opposition to gay marriage in general never had to begin with.[/QUOTE]