John M. Becker

Michigan Bans Same-Sex Marriage To Regulate Sex

Filed By John M. Becker | September 18, 2013 3:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: adoption, adoption rights, gay marriage, lawsuits, marriage, marriage amendment, marriage discrimination, marriage discrimination amendment, marriage equality, Michigan, Rick Snyder, same-sex adoption, same-sex marriage

michigan.gifNo, you're not reading an article from The Onion.

A same-sex couple is suing the state of Michigan seeking to overturn its constitutional marriage discrimination amendment, which excludes them from legal marriage and prevents them from adopting each other's children (three of whom have special needs).

The administration of Rick Snyder, the state's homophobic Republican governor, is defending the amendment, and in their latest filing, Snyder's attorneys actually argue that excluding same-sex couples from marriage is essential so the state can "regulate sexual relationships between men and women."

The document is embedded in its entirety after the jump.

The jist of the state's (incredibly desperate) argument is that government has a "vital interest" in so-called "responsible procreation," with the implication being that heterosexuals simply won't procreate responsibly if Teh Gay is allowed to marry.

But this particular contention seems doomed to failure, as Zack Ford notes over at ThinkProgress: "By suggesting that the state has an interest in 'regulating sexual relationships,' this argument echoes the defenders of anti-sodomy laws, all of which were overturned by the 2003 decision in Lawrence v. Texas."

Non-LGBT readers, sound off: is your procreative capacity diminished by the legal marriages of couples like Michael and me?

2:12-cv-10285 #74 by Equality Case Files

h/t: Zack Ford and Kathleen Perrin

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