Originally posted by leswp1
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Sexual orientation is not yet a protected class afforded strict scrutiny (like race/ethnicity are) under the equal protection clause, so the government need only provide a legitimate interest in order to discriminate. Essentially, the government's interest in marriage is the promotion of a family unit and the perpetuation of the species. It can regulate it in order to ensure the health of the child (no incest), to greatly reduce the liklihood of subordination or de facto slavery (polygamy), and so forth. Since gay people biologically cannot have kids together, the government can preclude such marriages since they cannot, by definition, start families.
Now, as I said, there's all sorts of holes to shoot in that. Some states, like Arizona, allow 1st cousins to marry so long as they cannot have kids (which essentially means that the women must be at least 60), so there goes the argument that it's entirely about procreation. Likewise, between adoption and in vitro fertilization, gay couples can have kids these day, so there's another strike.
Other than that, pretty much every argument against it that I've heard is based on either A)religion, B)tradition, C)bigotry, D)all of the above.
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