Really the only logical reason why gay mirage shouldn't exist is because is doesn't encourage procreation of the human race. But seeing how we are way overpopulated I take it as natures way of fixing it.
In a post Apocalypse though being gay is probably pretty selfish. For the moment though, go wild!
Here is the judge's argument on the procreation point.
" The court asked the parties to identify a difference between heterosexuals and homosexuals that the government might fairly need to take into account when crafting legislation. #677 at 8. Proponents pointed only to a difference between samesex couples (who are incapable through sexual intercourse of producing offspring biologically related to both parties) and opposite-sex couples (some of whom are capable through sexual intercourse of producing such offspring). Doc #687 at 32-34. Proponents did not, however, advance any reason why the government may use sexual orientation as a proxy for fertility or why the government may need to take into account fertility when legislating. Consider, by contrast, City of Cleburne v Cleburne Living Center, 473 US 432, 444 (1985) (Legislation singling out a class for differential treatment hinges upon a demonstration of real and undeniable differences between the class and others); see also United States v Virginia, 518 US 515, 533 (1996) (Physical differences between men and women * * * are enduring.). No evidence at trial illuminated distinctions among lesbians, gay men and heterosexuals amounting to real and undeniable differences that the government might need to take into account in legislating.
Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause, as excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest."
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