Lawsuit challenges Arizona’s gay marriage ban

Connolly v. Roche. Never heard of it? Well you should. A brief filed on Wednesday in a federal district court located in Phoenix, Arizona stated that the state’s reasoning behind their same sex marriage ban, voted for in 2008 is due to the fact that same sex couples cannot reproduce without a third party’s involvement.

The case is one of many same sex marriage ban trials being heard around the United States, and now we are to see how this plays out. Two of the couples, married in California, have adopted children. Unfortunately the state of Arizona does not believe this goes with their interests. In order for a marriage to be proper, it must be consummated. The state of Arizona defines this as, “Engaging in intercourse with the intention of reproduction.” Notice that there is no mention of love, or any feeling in there. Just physical.

The argument in favor of the ban includes this statement; “Same-sex couple can never provide a child with both their biological mother and biological father. When a same-sex couple takes steps to create a child, they must involve at least one other person of the opposite sex, and that involved party will be a biological patent of the created child.” Most women will get a hysterectomy after three or four children. This is a usual thing, so there is no risk of having more children that they can’t take care of financially. Does this invalidate their marriage? Of course not, because they could’ve reproduced. Same goes with men. There are men that get vasectomies and it’s normal to prevent more reproduction. Their marriage is neither annulled, nor shamed. n

The LGBT population is the largest minority to adopt children in the United States. There are many LGBT couples that have been together and committed for years, much longer than many straight couples. Those LGBT couples are not allowed to marry, because they can’t reproduce. Why limit love, but not sex? That’s the real argument presented, and one that no one acknowledges, and attacks.

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