Ping ([info]zestyping) wrote,
@ 2007-02-05 14:38:00
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Entry tags:equality, gender, marriage, politics

If marriage is for procreation, then...
In 1996, a bill passed in the United States Congress, was signed by Bill Clinton, and became Public Law 104-199. The law, which prohibits the recognition of same-sex marriage and declares "marriage" and "spouse" to refer only to opposite-sex pairings, is also known somewhat misleadingly as the "Defense of Marriage Act".

In 1998, Washington State passed its own Defense of Marriage Act at the state level.

In 2004, eight same-sex couples sued King County and the State of Washington in Andersen v. King County for refusing to issue them marriage licenses under the state law. The King County Superior Court ruled in favour of the couples, declaring the law unconstitutional.

The county and state appealed, and in July 2006, the Washington Supreme Court overturned the ruling. Although the Supreme Court's majority opinion admitted that "given the clear hardship faced by same sex couples evidenced in this lawsuit, the legislature may want to reexamine the impact of the marriage laws on all citizens of this state," it nonetheless concluded that "limiting marriage to opposite-sex couples furthers the State’s interests in procreation and encouraging families with a mother and father and children biologically related to both."

The Washington Defense of Marriage Alliance now seeks to challenge this ruling and the logic behind it — simply by putting it into law.

Their state initiative, Initiative 957, would add the phrase "who are capable of having children with one another" to the legal definition of marriage and require that married couples file proof of procreation within three years of marriage or have their marriage automatically annulled. Organizer Gregory Gadow explains their plan. The initiative has been accepted by the Washington Secretary of State and will need 225,000 signatures by July 6 to get on the ballot.



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[info]ephermata
2007-02-06 01:34 am UTC (link)
This is beautiful. I wonder if I can sign the petition...

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[info]hukuma
2007-02-06 02:18 am UTC (link)
As a legal strategy it seems worthless, since if I understand things correctly, the initiative would need to pass in order to get the constitutional review they hope for, and I just don't see it getting majority support.

But getting it on the ballot would be an awesome way to make a point.

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What if ?
(Anonymous)
2007-02-06 02:16 pm UTC (link)
This sucks. I mean, this sucks even when putting aside the same-sex marriage. What if you and your wife really want a child and you simply can't, be it because one of you is unable of getting a biological children or any other reason ?

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Re: What if ?
[info]owens888
2007-02-06 06:54 pm UTC (link)
That's the point. The point is that the common understanding of marriage does not encompass procreation and that things would suck if it did. Hence, arguments against gay marriage that mention furthering "the State's interest in procreation" are dumb.

Of course, I don't know if the average voter, especially when presented with this initiative without other context, would get it.

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(Anonymous)
2007-02-06 08:44 pm UTC (link)
I don't want to take the Supreme Court's opinion too far out of context, but if you follow their logic "limiting marriage to opposite-sex couples furthers the State’s interests in procreation and encouraging families with a mother and father and children biologically related to both"
then the State should
ban adoption (for all couples)
support fertility clinics (for all couples) and
conduct random sperm counts, cervical mucus samplings and hysterosalpingograms to maximize procreational opportunities and ensure compliance (for married couples)

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Marriage
(Anonymous)
2007-07-21 03:24 pm UTC (link)
For me mariage is not only a procreation.It's something more than that.When you say "Yes" to someone you promise him/her to be together and deal with the life together.
Cara Fletcher
http://www.marriage-and-families.com/

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