Supreme Court Same Sex Marriage Argumet

[Anima]

So what about married couples where one partner is sterile, or women wanting to get married past menopause?

Nonsense; marriage is already not procreative in this country, without removing any of the other limitations you've listed. Surely you're aware that sterile couples, older couples, or couples with no intention to procreate are also allowed to get married, and have been since the get-go? In fact, there is no clause or additional stipulation that one is obligated to have children anywhere in state marriage licenses; what you're proposing here is a slippery slope that we can already determine to be flatly false, because the concept you're saying will be removed with the addition of gay marriage never existed within the current model of marriage at all. You're proposing that there's a brake currently in place against a number of factors, when it's the work of but a moment to show that this brake does not exist.

2.  Regarding marriage of infertility, elderly, and those with out the intention to procreate (a point brought up in the oar arguments by Ginsburg).  Respondents stipulate inquiry into the procreative ability or intention of parties to marry would constitute a violation of 4th amendment rights to privacy.  Respondents further state that any definition of marriage shall be over and under inclusive (http://definitions.uslegal.com/o/over-inclusive/), where procreative over inclusiveness allows for the legal marriage of infertile, elderly, and non-procreation intending parties.  Respondent further emphasizes the Supreme court has held that over or under inclusivness in and of itself does not constitute invidious discrimination and a violation of the equal protection clause.  Respondent also comments how a heterosexual couple in their elder years are still fertile (http://en.wikipedia.org/wiki/Pregnancy_over_age_50) and have natural conception.