Supreme Court Same Sex Marriage Argumet

[Anima]

But the point I was making is that it isn't just gay people who can't procreate with one another, and it isn't just incestuous relationships that cause birth defects.

The subject of infertile and elderly couples has been explained in previous posts and is covered under overinclusiveness of the procreation centric definition.

The state prohibition on incest relationships is under rational basis scrutiny and not strict scrutiny. It may be prohibited under rational basis for the reasons I presented.

Now if the petitioners win their claim and a fundamental right is established than strict scrutiny would be required to restrict incestuous relationships. An argument to birth defects would not satisfy strict scrutiny so under that argument incestuous relationships could not be prohibited.