A federal judge has ruled Kentucky’s same-sex marriage ban unconstitutional. It is the 23rd such ruling over the last year. In doing so, Judge John Heyburn issued a scathing rebuke of one of the central ideas against marriage equality.
Those who fight it often use the belief that marriage is supposed to produce children to try and convince others why marriage equality is wrong. This is patent nonsense, but they keep trotting it out. Heyburn said that argument is not the argument of serious people, and he’s right. It’s the argument of desperate idiots, and he said that it almost seemed unnecessary to explain why they’re it’s not a serious argument from serious people.
He proceeded to do so anyway, saying, according to Mother Jones:
“Even assuming the state has a legitimate interest in promoting procreation, the Court fails to see, and Defendant never explains, how the exclusion of same-sex couples from marriage has any effect whatsoever on procreation among heterosexual spouses. Excluding same-sex couples from marriage does not change the number of heterosexual couples who choose to get married, the number who choose to have children, or the number of children they have. The state’s attempts to connect the exclusion of same-sex couples from marriage to its interest in economic stability and in ‘ensuring humanity’s continued existence’ are at best illogical and even bewildering…The Court can think of no other conceivable legitimate reason for Kentucky’s laws excluding same-sex couples from marriage.”
The people who insist on making that argument are, in essence, saying that marriage equality will make fewer straight people get married and have children. There is no basis for that argument anywhere. Straight marriages, and their decisions to have children or not, aren’t affected in any way, shape or form by two gays or lesbians getting married.
There’s no solid base for any arguments against marriage equality. Nothing devastating has happened in the states that now allow it. Thankfully, that’s one thing that judges do recognize now. Marriage equality isn’t hurting the birth rate or the marriage rate, and it’s not hurting people in general. So there’s no reason for states to continue their discriminatory crusades.
You can read the entire 19 page opinion here.