other courts will look to this decision.) Gov’t 1) Procreation - The Influenced by 1) and Rationales - MSC: We scientific jury 2) in a slightly don’t look to is still out so different way: whether OS we can’t couples will really test the Accidental/responsible procreate. government’s procreation argument: Marriage about rationales state has an interest in companionship. yet. channeling straight’s accidental pregnancies 2) Child Rearing - Institutional into marriage (private (optimal in Competence: welfare system). SS For the couples can Legislature accidentally procreate. household) NOT the - MSC: BUT SS courts to couples do research and have kids and decide what this it is best harder for them to raise those kids. These children would BENEFIT if their SS parents could marry. 3) Conserving Resources (SS couples are rich and don’t need the benefits of marriage like OS couples do) - MSC: There is no relationship between financial need and marriage. We allow wealthy and
other courts will look to this decision.) Gov’t Rationales 1) Procreation - MSC: We don’t look to whether OS couples will procreate. Marriage about companionship. 2) Child Rearing (optimal in household) - MSC: BUT SS couples do have kids and this it harder for them to raise those kids. These children would BENEFIT if their SS parents could marry. 3) Conserving Resources (SS couples are rich and don’t need the benefits of marriage like OS couples do) - MSC: There is no relationship between financial need and marriage. We allow wealthy and - The scientific jury is still out so we can’t really test the government’s rationales yet. - Institutional Competence: For the Legislature NOT the courts to research and decide what is best Influenced by 1) and 2) in a slightly different way: Accidental/responsible procreation argument: state has an interest in channeling straight’s accidental pregnancies into marriage (private welfare system). SS couples can accidentally procreate.
NeJaime.LawSexualityOutline.Spring2011.docx