PJC
Peace Luvin' Hippy
That's right, part of my argument is procreation.Give me a bit to digest the fertility laws, not skirting it, just don't jump to conclusions very often.
Pretty straightforward, there are states that require proof of inability to reproduce as a condition of Civil Marriage.
Which throws a big whole in the procreation argument.
You keep going back to the procreation argument. That same-sex and different-sex couple are different because one can procreate and one can't.
But procreation has never been a requirement for Civil Marriage. (In the past it was a legal reason to seek a divorce, but that is another discussion.)
You say (and I paraphrase), "but that was the intent", OK - I gave you that (not really, but just as a point of discussion). But with that, there is still the fact that known infertile couples who will never be able to procreate are still allowed to Civilly Marry and as a matter of fact some couples must prove infertility before being allowed to Civilly Marry.
Given those conditions then, laws were written and passed to target a specific group - to keep the homosexuals from Civilly Marrying. If procreation then is the basis of the argument and an exception to the procreation requirement is provided for infertile different-sex couples - then under the Grievance Clause of the 1st Amendment and the Equal Protection Clause of the 14th Amendment - it becomes the responsibility for the government to articulate a compelling government interest in justifying why two like situated groups are treated differently. Especially when the historical record shows that the reason for the passage of such laws was based on moral disapproval for the identified group.
Between law abiding, tax paying, US Citizen, non-related, infertile, consenting adults in a same-sex couple and law abiding, tax paying, US Citizen, non-related, infertile, consenting adults in a different-sex couple?
From a government compelling interest standpoint - I'd go with "not".
From a legal perspective I would not say that there is a difference between the groups.
The real question is "Is there a compelling government interest in treating like situated groups (see above) differently to warrant upholding invidious and capricious laws which target a select group?"
I would enjoy hearing your side of this.
OK
>>>>
Let change your question just a wee bit if that's ok? Between, law abiding, tax paying, related, whether they are fertile or infertile, consenting adult, US Citizen. What is the compelling interest in not allowing them to Marry?
Interesting, isn't it?
Your attempt to change the question is a deflection and an evasion from answering to the actual argument.
You've been relying on fallacious arguments; straw men, moving the goal posts, and errors of fact; now you are using a red herring.
Please, simply answering the question posed honestly, forthrightly, and candidly:
"Is there a compelling government interest in treating like situated groups (see above) differently to warrant upholding invidious and capricious laws which target a select group?"
Yes or no. If yes, what exactly is that compelling government interest?