news: marriage equality bans upheld by 4th circuit court


via NPR:

Analyzing the circuit court’s reasoning, Nina cites the majority opinion’s idea that “the states had a rational basis, a reason — you might not like the reason, but it was a reasonable reason, so to speak — and that is by creating a status, marriage, and subsidizing it with tax privileges and deductions, the states created an incentive for two people who procreated together to stay together, for purposes of rearing offspring.”

The court’s opinion continues, “That does not convict the States of irrationality, only of awareness of the biological reality that couples of the same sex do not have children in the same way as couples of opposite sexes and that couples of the same sex do not run the risk of unintended offspring. That explanation, still relevant today, suffices to allow the States to retain authority over an issue they have regulated from the beginning.”


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