Judge Rejects Kentucky’s Arguments Against Same-Sex Marriage With So Much Sass
But this is where Beshear and his lawyers get creative or, as Heyburn put it, “disingenuous.” Marriage between heterosexual couples, they argued, contributes “to a stable birth rate which, in turn, ensures the state’s long-term economic stability.”
Heyburn, to put it mildly, didn’t buying that argument:
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.
Heyburn went on to argue that under that logic, Kentucky could legally deny marriage licenses to couples who could not procreate, or chose not to.