Sunday’s article on the gay-marriage hearing in San Antonio on Wednesday illustrates the weak position the state must attempt to defend. The state says marriage has always been between one man and one woman. If this was justification, women would not be able to vote or drive, even today. Attitudes and opinions evolve over time.
The state says it is “promoting the state’s interest in responsible procreation and child-rearing.” However couples who have absolutely no possibility of procreating are issued marriage license in Texas every day; furthermore, this argument fails to address the thousands of Texas children being raised in loving same-sex households, yet being denied the legal security other children take for granted.
Finally, Texas says the federal courts have no business interfering. Nothing could be further from the truth. This is the United States of America. Our laws must work in harmony and it is ridiculous to have laws where my husband I are legally married in Iowa, but if we move to Texas our marriage is no longer valid.
Using even the minimum degree of logic, the state’s arguments do not pass even rational basis review.