Anima,
I heard a slightly different argument. The state interest was specifically characterized by the need to ensure the bond between parents and children. The reason for excluding homosexual couples was based on the unsubstantiated claim that changing the definition of traditional marriage for their inclusion would result in fewer heterosexual couples entering into marriage which would legitimize the exclusion based on the stated state interest.
In my opinion there were no substantive answers when challenged by the extremely high increase in out of wedlock births since 1970 and the evidence from Maine or Massachusetts (can't remember which) that indicated no such decline in heterosexual marriage rates have been noticed in the past ten years. I think I remember the answer to the latter was a hand wave at ten years not being sufficient time for demonstration.
I heard a slightly different argument. The state interest was specifically characterized by the need to ensure the bond between parents and children. The reason for excluding homosexual couples was based on the unsubstantiated claim that changing the definition of traditional marriage for their inclusion would result in fewer heterosexual couples entering into marriage which would legitimize the exclusion based on the stated state interest.
In my opinion there were no substantive answers when challenged by the extremely high increase in out of wedlock births since 1970 and the evidence from Maine or Massachusetts (can't remember which) that indicated no such decline in heterosexual marriage rates have been noticed in the past ten years. I think I remember the answer to the latter was a hand wave at ten years not being sufficient time for demonstration.