Accidental Pregnancy an Issue in Gay Marriage Rights

I just read this article on Yahoo: Argument against gay marriage in California hinges on accidental pregnancies

Apparently, accidental pregnancy is a major issue in two pending lawsuits for Gay Marriage Rights. Hollingsworth v. Perry, is challenging California’s gay marriage ban, and The United States v. Windsor, is currently seeking to overturn the Federal Defense of Marriage Act.

From what I understand, the argument is that the State has an interest in responsible procreation and child-rearing. So since opposite-sex couples have the ability to accidentally get pregnant, the State uses marriage as a means to dealing with unwanted pregnancy and preventing single parent households. Marriage encourages both parents to participate in raising the child, and thus helps maintain an orderly society. With gay couples, having a child is planned, and therefore there is no question of whether or not both parents will be willing to care for the child.

I think this is a strange way to go about arguing against gay marriages. However, it must not be too strange, because since this concept of unexpected pregnancy was first introduced in 2003 by Justice Robert Cordy, it has been cited in nearly every gay marriage case. Of course, with this concept being used, the reverse argument becomes a question of whether or not infertile, straight couples should also be denied the right to marry.

It's all pretty interesting, so I'll be waiting to see what happens in these cases.

Nita Michelle

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