Apparently the sets of:
A: Fertile heterosexual couples
B: Infertile heterosexual couples
C: Homosexual couples
All three would, of course, overlap on a Venn diagram showing that all three can possibly raise children. So I don't know what Fated's point is.
Here, I've been inundated with people saying that I'm evading, or illogical. I'm not trying to.
The reality is that the current system is not entirely fair to anybody based on a series of prudential judgments.
Also, its disingenuous to claim I'm illogical. I've explained the logic in terms of court rulings and philosophy itself.
If authentic equivalence is not proven, and it isn't even true(!), then there is no necessity to let same sex persons into the marriage system. That is the point.
The division is perfectly reasonable. There is an obvious difference between two men and a man and a woman and two women. If there wasn't, then we wouldn't be having this discussion at all.
The theory of discrimination is based not on something objective like a person's sex, which is objectively legally knowable in all but the rarest cases, but by a preference... innate or not, that is mutable... because its a desire to partake in an action.
If this was the determinate of what marriage is, then the law is bad jurisprudence, that is to say, it makes no sense to have the law. It simply discriminates on the basis of nothing. Roommates should have full protection, caregivers should have full protection.
Therefore, it is clearly the case that the law is on the basis of heterosexuals having sex and staying together.
And the argument is that some homosexuals live together too. Society has much less interest in their behavior than those who produce children.
And what about people who are married and have no children? Well, good deal for them. Who give a crap, they highlight the fact that the system is based on heterosexual sex having. If they can't or don't get pregnant, then perhaps we can take their civil marriage away. But, again, they are a man and a woman, so we can clearly make this judgment, even though I'm not I sure I agree with it.
A significant part of me would love to see a tiered system or a couple seperate systems, but, again, adding gays just makes the possibility of reform more remote.