Prop 8 is Constitutional

THE DUE PROCESS CLAUSE The U.S. Supreme Court has always defined marriage to be between a man and a woman for the continuation of society and never did they say that the fundamental right to marry included same sex marriage. In fact, the Supreme Court rejected the existence of such definitions or rights in the past and said there is no fundamental right to gay marriage . After the Loving decision, The U.S. Supreme Court in Baker v. Nelson in 1972 regarding the issue of Same sex marriage endorsed a Minnesota supreme court decision. There are also plenty of state and federal courts that mention Baker as a U.S. SCOTUS ruling [1]. The case will show you that the same court in Loving v Virginia not only distinguished same sex marriage from interracial marriage, but established it as a right that does not exist under the constitution and never did. They also rejected and refuted many of the same arguments gay activists make today [2]: "The institution of marriage as a union man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis. Skinner V. Oklahoma ex rel. Williamson, 316 U.S. 535, 541, 62 S.Ct. 1110, 1113, 86 L.Ed. 1655, 1660 (1942), which invalidated Oklahoma's Habitual Criminal Sterilization Act on equal protection grounds, stated in part: "Marriage and procreation are fundamental to the very existence and survival of the race." This historic institution manifestly is more deeply founded than the asserted contemporary concept of marriage and societal interests for which petitioners contend. The due process clause of the Fourteenth Amendment is not a charter for RESTRUCTURING it by judicial LEGISLATION." As you can see, Marriage wouldn't be "fundamental" to the "existence" and "survival" of humanity if it was completely delinked from procreation or had nothing to do with reproductive potential. Marriage is the regulation of procreation and rearing of children. This has been deemed the most compelling of ALL compelling state interests by the U.S. supreme court several more times and let me explain precisely why this is the case: The Purpose of CIVIL Marriage: The traditional view of marriage is based on the "natural teleology of the body" where only a man and a woman, and only two people, not three, can generate a child and raise the child through the natural complimentary element of both genders. Procreation and rearing of children is a biologically driven phenomena that happens either by choice or by accident [3]. The state regulates this by encouraging procreation and child-rearing to take place inside a marriage. This is done in order to make sure heterosexual couples do not procreate and/or rear children naturally in an unstable environment if they end up producing a family either by choice or by accident . The Means to Achieve this Purpose: The state uses the traditional idea of marriage ,as a means to achieve this purpose, in order to encourage heterosexual couples to obtain a marriage license. Then, the state issues marriage licenses in order to reinforce this meaning of marriage and ,as a result, provide legal and social support for their relationships. There are two elements about the definition of marriage that potentially help to achieve this purpose: A. The Responsible Procreation Theory The responsible procreation theory involves establishing family stablity where the state encourages heterosexual couples to procreate within an environment that is best situated to raise children [4]. Family stability is about how many transitions in the environment the child may experience during the child development process. There is empirical evidence that supports this theory. In terms of the selection process, Studies show that people, who cohabit, compared to those who don't, have less traditional ideals or views of marriage. Then, according to other studies, they would not only be more likely to cohabit but more likely to divorce from prior cohabitation. [5] B. The Optimal partnership theory The optimal partnership theory involves establishing family structure where the state promotes the ideal partnership between two biological married parents. Family structure is about who the child is being raised with during the child development process. There is also empirical evidence supporting this theory. Almost Every study demonstrates that children from two biological parents fare better in every category of social and psychological measurement. They are less likely to be poor, to exhibit behavioral problems, to struggle in school etc. than children in any other living arrangement [6]. Therefore, it does not matter whether the cause of the good child outcomes from couples is based on the idea of traditional marriage that people believe in or the physical experience of marriage. It would still be warranted for the state to use and promote a traditonal notion of marriage to ensure a stable home for children. WHAT ABOUT INFERTILE COUPLES? The Fundamental right to marry: Since Marriage between a man and a woman has been held to be a fundamental right, a law excluding infertile heterosexual couples would be constitutionally unenforceable. The state couldn't survive strict scrutiny because it would be overinclusive and not narrowly tailored. There are two more reasons why they allow the infertile to marry along with any other scenario dealing with heterosexual couples. Responsible Procreation: In order to actually know that couples are in fact infertile, the state would have to resort to intrusive fertility tests in order to establish that they are unable to have children. However, therapy and the availability of long-term fertility may reverse the prognosis (even in post menopausal women) making it medically impossible to fully establish infertility. Not to mention, the state would have to check almost every single couple that wants a marriage license. This clearly would take a large amount of resources to accomplish. Thus, it's costly, impractical, and unconstitutional. The law rightly assumes a presumption of reproductive and child rearing potential on the part of heterosexual couples. Marriage: As I explained before, Our marriage laws are there to shape culture and culture shapes conduct. Allowing infertile heterosexuals to marry does not attempt to take away the law's ability to recruit and influence the culture of heterosexuals who are "fertile" to make sure they create and/or raise their offspring's in a stable environment. Moreover, the state cannot promote responsible procreation and rearing of children without referencing and acknowledging the traditional definition of marriage because it's the only union that can perform this particular action. Therefore, infertile couples (or ANY other heterosexual scenario) do not change the definition and ,thus, don't challenge the intention of the marriage institution. This is because the definition of marriage (the means) and the purpose of it (the ends) are synonymous. [1] http://en.wikipedia.org... [2] http://www.cas.umt.edu... [3] http://www.cdc.gov... [4] http://www.ca8.uscourts.gov... ......p.10,11 [5] http://eprints.qut.edu.au... ....p.2 [6] http://www.urban.org... Read Gary Gates