I tend to assert a lot of things based on what I think mixed with bits of knowledge gleaned here and there. Maybe everyone does that, I don't know, but I definitely do! Thanks mostly to my intelligence (as I'm really not the most widely informed or well-read person!), it generally works out pretty well, but nevertheless, it's always nice to have my assertions validated by those more learned and credentialed than myself! First I was reading the bonobo book description, and there was exactly what I'd been saying to Steve about procreation not being the only "natural" function of sex, and then I did a Google search on the words "sex" and "procreation", just curious to see what was out on the Web on the subject, and I came across a page on legal commentary site (FindLaw's Writ), with an article by a law professor, Joanna Grossman, "Are Bans on Same-Sex Marriage Constitutional? New Jersey Says Yes, But Massachusetts, In a Landmark Decision, Says No", and lo and behold, the MA supreme court said just what I've been saying:

Like the New Jersey case, the Massachusetts case began with seven couples in committed relationships, four of whom have children, trying to enter into a civil marriage in their home state.

The trial court ruled against the couples, claiming that the primary purpose of marriage, under Massachusetts' marriage laws, is procreation. The court concluded that the state thus could rationally distinguish between couples that are "theoretically . . . capable" of procreation and less likely to rely on "inherently more cumbersome" non-coital reproductive methods and other ones.

The problems with this ruling, of course, are legion: What about opposite-sex couples in which the woman is over childbearing age, or that are infertile? Could the state also "rationally" tell them they cannot marry? Certainly, it cannot. Indeed, as the Massachusetts Supreme Court later noted in its opinion: under state law, even those "who cannot stir from their deathbed may marry," and infertility is not a ground for divorce.

Why should the state care if a couple relies on easy or cumbersome reproductive methods? And why should reproduction for, say, a lesbian couple, be less likely at all? A couple made up of two women, both of whom might be fertile, has double the chances of procreating.

Fortunately, the Massachusetts' Supreme Court was wiser. It interpreted the state's marriage law to mean the "voluntary union of two persons as spouses, to the exclusion of all others"--invoking the interpretive principle that a statute of dubious constitutionality should be construed in such a way that it is constitutional.

Does this mean I'm qualified to be a Supreme Court Justice? hehe ;) But really, though, it's only perfectly obvious! The only people to whom it's not perfectly obvious are those who are blinded by an irrational fear of same-sex marriage and its "dangerous" consequences!

Speaking of which, I surfed on "FindLaw" to an AP news article describing how the California judges are basically following the simple logic that says that same-sex marriages are a "threat" to no one!

The conservative group argued that the weddings harmed all the Californians who voted in 2000 for Proposition 22, which defined marriage as between a man and a woman.

The judge suggested that the rights of the gay and lesbian couples appeared to be more substantial.

"If the court has to weigh rights here, on the one hand you are talking about voting rights, and on the other you are talking about equal rights," Quidachay said. ...

Chief deputy city attorney Therese Stewart said the failure of conservative opponents to win emergency injunctions demonstrates that the city has a strong case.

"Both judges really recognized there is nobody who is hurt by allowing gay people to marry," Stewart said.

I also learned from this article that, "On Friday morning, Newsom officiated at the wedding of Carole Migden, who leads the state's Board of Equalization, and her partner of 19 years, criminal defense attorney Cris Arguedas." For the benefit of those who think gays and lesbians are somehow a threat to children, I would like to point out that both Migden and also Sheila Kuehl, another prominent lesbian in California politics, in addition to advocating for women and for gays and lesbians, have been strong advocates for children's issues during their careers. Kuehl is particularly well-known as a children's issue advocate and has authored quite a number of bills to protect and benefit children.

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