A lawyer defending DOMA before the Supreme Court actually argued that gays and lesbians make more thoughtful and prepared parents.
Attorney Paul D. Clement, hired by House Republicans opposing marriage equality, says the institution should be limited to one man and one woman, because they can “produce unplanned and unintended offspring.”
Gay couples, on the other hand, have to resort to “substantial advance planning.”
Clement, a former United States Solicitor General, made that argument in legal briefs submitted to the Supreme Court in advance of the official hearings on Hollingsworth v. Perry and Windsor v. United States in March.
Reports the L.A. Times:
The traditional marriage laws “reflect a unique social difficulty with opposite-sex couples that is not present with same-sex couples — namely, the undeniable and distinct tendency of opposite-sex relationships to produce unplanned and unintended pregnancies,” wrote Clement, a solicitor general under President George W. Bush. “Unintended children produced by opposite-sex relationships and raised out-of-wedlock would pose a burden on society.”
“It is plainly reasonable for California to maintain a unique institution [referring to marriage] to address the unique challenges posed by the unique procreative potential of sexual relationships between men and women,” argued Washington attorney Charles J. Cooper, representing the defenders of Proposition 8.
Same-sex couples need not be included in the definition of marriage, he said, because they “don’t present a threat of irresponsible procreation.”
Clement also argued laws protecting the LGBT community aren’t needed—because we have it so good:
“Gays and lesbians are one of the most influential, best-connected, best-funded and best-organized interest groups in modern politics, and have attained more legislative victories, political power and popular favor in less time than virtually any other group in American history.”
We’re not legal experts like Clement—currently a law professor at Georgetown—but wouldn’t denying us the right to marry make us victims of discrimination?