The Procreative Argument for Proscribing Same-Sex Marriage

Abstract

Kmiec argues that the state interest for maintaining marriage as an institution between a man and a woman is both the encouragement of procreation and its responsible treatment by heterosexual couples. Kmiec asserts that marriage and procreation are necessarily related. He anticipates and responds to contrary arguments by demonstrating that acceptance of the procreative state interest does not depend upon excluding from marriage those who cannot physically procreate because of age or infertility and that adoption and asexual reproduction by homosexual couples do not substantially affect procreation rates. The article also suggests that public sanctioning of homosexual relationships results in an increase in same-sex couples and in cohabiting heterosexual couples. Marriage licensing procedures serve as a means of instilling an ethic of responsible procreation among heterosexual couples. Kmiec traces relevant history and jurisprudence to show societal and legal recognition of the link between marriage and procreation. Kmiec concludes by cautioning against analogizing between the civil rights movement and the advocacy of same-sex marriage.

Keywords: same-sex marriage, marriage, procreation

JEL Classification: K19