first-round prop 8 ruling
Judge White's Findings of Fact, pages 61-62, finds that "California, like every other state, has never required that individuals entering into a marriage be willing or able to procreate." In support of this point, he cites:
Lawrence v Texas, 539 US 558, 604-05 (2003) (Scalia, J, dissenting) ("If moral disapprobation of homosexual conduct is 'no legitimate state interest' for purposes of proscribing that conduct * * * what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising 'the liberty protected by the Constitution'? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry.") [emphasis added]
An excellent question, Justice Scalia. I remain confident in your ability to find some horribly cock-eyed way to answer it, but: an excellent question.
An excellent question, Justice Scalia. I remain confident in your ability to find some horribly cock-eyed way to answer it, but: an excellent question.