1/18/10

let's procreate!

so much talk about usa's citizens' constitutional right 2 marry: "2 marry means the 2 citizens will procreate!" "marriage can only be 4 a male citizen & a female citizen bc only they will procreate!" "marriage 4 same-sex citizens is invalid as they can not procreate!"

Q: how do newly wedded citizens, male 89 & female 89, procreate?

let's take a look @ the definition of procreate: 1. to produce sexually; to breed, increase, multiply, proliferate, propagate, reproduce, spawn. 2. to cause 2 come in2 existence. idiom: givebirthriseto.

A: the 89 yr old citizens enter in2 a "givebirthriseto marriage," not a "sexual breeding marriage," yet their marriage is sanctioned by the state.

when a state creates 2 separate classes, as w this issue, class 1. same-sex couples that may not marry, class 2. opposite-sex couples that may marry: the state must have an "important state interest" 4 doing so. a states claim that it is an "important state interest" 4 opposite-sex citizens 2 have an exclusive right 2 marry due 2 sexual procreation of the species is invidious: states permit marriages of opposite-sex citizens that will never sexually procreate.

when a state bans a class of citizens from participating equally w/o an "important state interest" the ban must fall. the decision that 2 citizens, same-sex or opposite-sex, make 2 marry is a protected right, plain & simple. it is unconstitutional 4 a state 2 ban 2 age-appropriate citizens from entering this institution w/o an "important state interest," & 2 do so violates the 14th amendment's equal protection clause & the due process clause.

it is false, unconstitutional & illegal 4 any state government 2 claim that a "sexual procreation standard" exists 4 a marriage 2 be sanctioned by the state: states grant marriage licenses 2 older citizens.

thus it is illegal 4 any state 2 allow voters 2 vote on propositions that deprive same-sex citizens of the right 2 marry; the voters & the states can not regulate a protected constitutional right. and here the law is well-settled: either there is an "important state interest" that necessitates creating a separate class, such as an adult will not be permitted 2 marry a child, or the marriage ban is unconstitutional pursuant 2 the14th amendment of the u.s. constitution as per loving v. virginia.

end of story!
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