Supreme Court Same Sex Marriage Argumet

[Anima]

So then, ignoring the marriage part, should infertile/sterile straight couples be allowed to have sex? After all, they can't fulfill the "teleological" purpose of sex....

Under the sociological and teleological arguments you could readily make argument that infertile/sterile couples should not be allowed to have sex. However, as previously stated, there would be concerns with the utilization of resources to police such an action. Similar to deporting illegal mexican immigrants in the southwest. They are not going to identify themselves for you and they are mixed with mexican citizens to such a degree that deportation is a logistical nightmare. Until such time as we may distinctly identify them from the rest we are going to have to leave them be.

Naturally those of the same sex orientation (so long as they form relationships of those time publicly) shall be readily discernable. With that said same sex orientation is not readily observable (with the exception of johnny weir) and it may thereby be said the overinclusiveness of the procreative argument would allow same sex persons to engage in sex with the opposite sex just as it would infertile/sterile couples.