Have they lost their minds?
Yesterday, the 5th Circuit Court of Appeals heard arguments heard arguments on the legal challenges to same-sex marriage bans Texas, Louisiana, and Mississippi. Some of the arguments were jaw-droppingly stupid. Article here.
According to a Texas state lawyer, the same-sex marriage ban is not meant to discriminate against same-sex couples but is it is instead designed to promote “responsible procreation.”
Wow. Let’s unpack that.
Apparently, the state is in the procreation business. Of all the places the government should intrude, the bedroom is perhaps the last. This is coming from the same Republican party that wants to get government out of nearly everything: gun licensing, regulation, taxes, etc. all in the name of “freedom.” When they paint themselves as champions of freedom, they lie. I know of very few Christians who claim to support “religious freedom” when it means allowing minority religions marry same-sex couples. Same-sex marriage bans are faith based initiatives and the majority religion is happy to trample on the rights of anyone who gets in the way.
The spin doctors must have thought up the phrase “responsible procreation.” They seem to be saying that turkey baster babies are “irresponsible procreation.” It doesn’t matter to them if the child produced is cared for and raised in a loving family. If it’s lesbians, it’s irresponsible. What about having a child in one of their “responsible” heterosexual marriages and then the couple putting the child up for adoption? Is that responsible? Is that what the state would like to promote? What about when a same-sex male couple adopts and raises that child same child? That’s bad, apparently. That family should remain unmarried and without family protections for the parents. The same Republican Party fueled by Christian crazy, has worked overtime to force women in the state who cannot afford a child to have one anyway. Family planning and sex education in the state have been sabotaged by the same bunch. Now that’s what “responsible procreation” must be!
If “responsible procreation” were my best argument for a case, I’d save face, pack it up, and just go home. Thankfully, members of the court challenged the insanity. With their questioning, they also poked holes in the idea that marriage is “for” procreation. That’s primarily a religious idea. Remember: religions try to control reproduction because there is no god who can make the next generation of gullible tithers necessary to keep them in business.
Even if the 5th Circuit Court of Appeals decides favorably on same-sex marriage, the question will eventually be taken up by the US Supreme Court. Maybe this time, they’ll consider bans under the 14th Amendment of the Constitution’s equal protection clause. If that isn’t a slam dunk on this issue, I’ll be shocked.
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