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.