From Laurie Higgins:
Finally, some common sense from appellate court judges. In a 2-1 decision, the Sixth Circuit Court of Appeals decided that state laws in Kentucky, Michigan, Ohio, and Tennessee that define marriage as the union of one man and one woman do not violate the Constitution.
What is the government’s interest in marriage?
Homosexuals assert that marriage is constituted solely by love and has no inherent connection to sexual differentiation or the children who may result from conjugal coupling. Further, homosexuals believe that it is the presence of love that not only makes a union a marriage but that justifies government involvement in it.
But is that true? Has the government ever been involved in marriage because of marriage’s inconsistent connection to love? Has the government ever had a vested interest in the subjective feelings of those who seek to marry?
Judge Jeffrey Sutton writing for the majority in the Sixth Circuit Court’s decision states that “One starts from the premise that governments got into the business of defining marriage, and remain in the business of defining marriage, not to regulate love but to regulate sex, most especially the intended and unintended effects of male-female intercourse.”
If marriage were constituted solely by love and the government were in the odd business of recognizing and affirming love, then why not recognize and affirm all forms of love by granting marriage licenses even to those in loving non-erotic relationships? What possible relevance to the government is inherently sterile erotic activity? What is the relevance of private, subjective, romantic feelings and inherently sterile erotic activity to any public purposes of marriage and therefore to the government’s involvement with marriage?
When “progressives” argue that marriage is constituted solely by love and commitment and that it has no inherent connection to procreation, then they have to explain why two brothers should not be permitted to marry. Why shouldn’t five people of assorted genders (or no gender) who love each other be permitted to marry? Why shouldn’t the non-erotic relationship between BFF’s be considered a “marriage”?
Dissenting judge liberal Martha Craig Daughtrey argued that in the nineteen states where homoerotic unions are now recognized as marriages “‘it doesn’t look like the sky is falling in.’” So, that’s her legal rationale? As long as legal change doesn’t result in a rapid, dramatic atmospheric calamity, it’s hunky dory? One wonders if Daughtrey thinks the sky would fall in if plural or incestuous unions were to be legalized.
Liberals can’t appeal to history, tradition, or children in their defense of marriage as inherently binary, or non-consanguineous, or related to erotic activity, because they have already shredded the notions that history, tradition, or procreation have any relevance to marriage.
But if reproductive-type sexual activity (i.e., coitus) is irrelevant to government interest in marriage then surely non-reproductive-types of erotic activity are equally irrelevant. And if all sexual/erotic activity is irrelevant to the government’s interest in marriage, then logically those in relationships constituted by any and all forms of love must be permitted to “marry.”
As homosexuals continually and rightly assert, men and women are objectively and substantively different, and those differences are anatomical, biological, emotional, and psychological. A homoerotic union is as different from a heterosexual union as men are from women. A heterosexual union is different from a homoerotic union in objective ways pertaining to the procreation, needs, and rights of any children that may result from the type of sex act in which only men and women can engage. This type of union matters to government.
Read more: Illinois Family Institute