China and its Discontents

Reposted from Facebook:

Here’s an idea: Paul Clement argued last week in Hollingsworth v Perry SCOTUS oral argument that the government’s rational interest in preserving hetero-only marriage is to further its fundamental procreative purpose. But in what alternate universe will gay marriage deter straight couples from making babies (“oh, I suddenly have the option to get gay-married! time to switch sides!”), or encourage LGBT folks to go straight and make more babies? Conversely, marriage equality (and this is a point that has been made before) only encourages more children to be raised in stable, loving family homes (surely a rational government interest if there ever was one). What happens to children after procreation is actually a greater government interest than the procreative act itself. The pro-marriage equality argument often focuses on defining marriage as primarily an expression of love and commitment, which is true and great; but how would this debate be different if we focused more on the ways in which marriage equality strengthens society, supports children, and is in the end a pretty conservative idea?

Note: I am not in favor of this case being decided under rational basis review.

It is thrilling to follow Andrew Sullivan’s chronicle of the tension, release, drama, and aftermath this evening. Also, Nicholas Jackson‘stech and political insights (source of the “Rainbow Empire State Building” photo at right).

Ten years from now, it will seem as hard to believe that couples of the same sex could not get married as it was, by the late 1970s, to believe that couples of different races could not get married in a number of states barely a decade before. This barrier will fall much more quickly than that one did.

A long and happy marriage has been the main positive event in my life. I am glad that more people will have the opportunity.

Please just read him already!