Wow. They’re really getting desperate.
Headline and subhead from the Los Angeles Times:
Gay marriage opponents take unusual tack with Supreme Court
Lawyers defending the Defense of Marriage Act and California’s Prop. 8 argue that marriage should be limited to opposite-sex unions because they alone can ‘produce unplanned and unintended offspring.’
“It is plainly reasonable for California to maintain a unique institution [referring to marriage] to address the unique challenges posed by the unique procreative potential of sexual relationships between men and women,” argued Washington attorney Charles J. Cooper, representing the defenders of Proposition 8. Same-sex couples need not be included in the definition of marriage, he said, because they “don’t present a threat of irresponsible procreation.”
Wow. Just… wow.
This argument is so stupid, so desperate, I almost wondered for a moment if these lawyers were deliberately tanking their own case.
I mean… set aside, for the moment, the notion that the primary purpose of marriage is the shotgun wedding. Set aside, for the moment, the notion the primary purpose of marriage is to encourage people to stick together who otherwise wouldn’t want to, because they “irresponsibly” (their word, not mine) got pregnant. (A notion that’s grossly insulting to just about every married person — including the straight ones. Okay, I’m not doing a very good job of setting it aside, am I?)
According to this logic, these folks should be proposing a ban on marriage for infertile straight people. After all, if the primary purpose of marriage is to encourage couples to stay together if they unintentionally get pregnant, there’s no reason for infertile straight people to be married. If you’ve had a hysterectomy, if you’ve had a double orchiectomy, if you’re post-menopausal, if you have untreatable erectile dysfunction, if for any other reason you can’t conceive children without “substantial advance planning” (again, their words)… no marriage for you. You’re not who marriage was made for.
Oh, it doesn’t make sense to have a separate legal category for infertile straight couples? It’s okay to let infertile straight couples slip in through the cracks, even though they’re not who marriage was made for, because it doesn’t make sense to have a separate legal category for them? Then why on Earth does it make sense to have a separate legal category for same-sex couples?
In a weird way, this argument makes me hopeful. Because you know what? They are desperate. They are grasping at straws. They got nothin’. They are proving to everyone with a shred of sense that the opposition to same-sex marriage is bankrupt. It’s morally bankrupt, and it’s logically bankrupt. Once they let go of the religious arguments — once they let go of “Gay marriage makes Baby Jesus cry,” since that really isn’t going to fly in front of the Supreme Court — their arguments become increasingly contorted, increasingly stupid, increasingly laughable, increasingly desperate.
They got nothin’.
Let’s just hope that the Supreme Court sees that.