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Should Infertility Be Reason for Marriage License Denial?

Posted by jeannesager on January 13th, 2010 at 4:26 pm

did i vote on your marriage 199x300 Should Infertility Be Reason for Marriage License Denial?The fight over same sex marriage in California has brought up a conundrum for the anti crowd: if they’re going to use inability to procreate as a reason gay marriage can’t be legalized, shouldn’t it apply to straights?

The AFP reports Charles Cooper, an attorney for Proposition 8′s campaign committee, Protect Marriage, has said during the trial “the purpose of the institution of marriage, the central purpose, is to promote procreation and to channel naturally procreative sexual activity between men and women in stable enduring unions.”

Congratulations Mr. Cooper,  in the name of all that is holy, you’ve just stated the case for denying infertile men or women a marriage license. Looks like it’s time to shut down the uber Christian Snowflakes embryo adoption project.

Largely backed by evangelical Christianity, the California court case stands to have a marked impact on the fate of civil unions and gay marriage across the country. It’s already been made clear by Project Marriage supporters that they’re out to deny a portion of the citizenry their civil rights.

But sweeping statements like those above prove why this is a fight for more than the homosexual population. The CDC estimates more than seven million American women (between the ages of fifteen and forty-four) have fertility issues. That’s nearly twelve percent of the female population of childbearing age.

Currently, seven and a half percent of married women in that age range are infertile. And that’s just the women – studies posit forty percent of infertility issues in couples are from the male.

Some of these issues can be corrected by lifestyle changes, some by medical intervention. But an estimated two thirds of couples who struggle with infertility find some way to have a baby.

Setting aside the people who simply don’t want babies (because that’s a right too), are we really expected to believe that people whose bodies can’t function aren’t able to love each other deeply enough to create a stable, enduring union? Should they go it alone because they can’t summon enough swimmers in a cup?

Image: procomkelly via flickr

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10 Comments

[...] Link: Should Infertility Be Reason for Marriage License Denial … [...]

Should Infertility Be Reason for Marriage License Denial … | Get Pregnant commented on Jan 13 10 at 7:57 pm

[...] part of the testimony.  As noted earlier, it appears the supporters of Proposition 8 believe that marriage is all about procreation, meaning that if you don’t plan to — or simply can’t — have children, than [...]

Are You Discussing The Prop 8 Trial With Your Kids? | Strollerderby commented on Jan 19 10 at 1:31 pm

I absolutely agree. To further argue your point, wouldn’t their argument that marriage is for procreation mean that couples who have passed the reproductive times in their lives be prohibited from marrying? Then all post-menopausal women would be out of luck, as well.

SussLW commented on Jan 13 10 at 6:17 pm

Don’t forget, too, that if your marriage does not produce offspring in a timely manner — say, five years — then your marriage should be annulled because the benefits conferred with a marriage license only apply to those with children.

In fact, if you really want to take this argument to its logical conclusion, you should have to have a bun in the oven before the state hands you a marriage license.

Of course, there is more to the argument for prop. 8 than just marriage = kids. There is also the “We’ve always done it this way” argument (at least, in recent history and don’t bother looking in the old testament because we don’t count that. Except where it says no gays.) And the “Allowing more people to get married will result in fewer people getting married!” argument. (huh?) I like the “52% of Californians voted to discriminate!” argument — after all, since more than 70% of voters were in favor of miscegenation laws, we kept those going. Slavery too, was pretty popular. And, of course, the main argument: “If we let gay people get married, who knows what terrible things could happen! Wooooo! Scary! Run and hide!”

All I know is the best wedding I’ve been to in a long time was two beautiful, wonderful, loving men who are way better parents on a bad day than I could ever hope to be. Great food too.

Roger Sinasohn commented on Jan 13 10 at 7:22 pm

Yep. We’re a hetero married couple incapable of procreation over here at my house — just waiting for the state to mail us our Notice of Annulment. ;)

Lula commented on Jan 13 10 at 8:35 pm

Gay people aren’t infertile. The human body is designed to conceive a child with a person of the opposite sex. That is why some people do not support gay marriage.

Mary commented on Jan 14 10 at 9:38 am

Mary- your comment makes no sense. Of course all gay people aren’t infertile. I think what Jeanne’s article clearly says is that if the entire purpose of marriage is procreation, then it stands to reason that straight people who can’t procreate shouldn’t be married.

Also, some gay people are infertile. We’re just like everyone else, some of us are black and some are white. Some are poor and some are rich. Some are sleazy and some aren’t. And some of us struggle with infertility and others don’t.

e commented on Jan 14 10 at 10:29 am

Married lesbian here – married to my wife for 7 years now. Infertile due to poor egg quality.
The human body isn’t designed for a lot of things we don’t follow through on…the obesity epidemic speaks to human bodies not being designed for high fat, high calorie, processed foods combined with minimal exercise – but I don’t see the “the body is designed a certain way” crowd demonstrating against the majority of the population who are overweight (they would be some lonely, skinny demonstrators). And if we’re going to worry about what bodies are designed for, lets go ahead and ban tattoos, piercings, tight shoes, tight underwear (let’s all ban tight underwear), condoms (that certainly wasn’t the plan), tampons (bet as humans evolved, they weren’t the planned solution to that little problem), cars (do you have any idea how many people are killed by cars – not ideal to the design plans for human life) and on and on.
Oh, and ditto to e – procreation is an absolutely useless argument against gay marriage as the article asserts. And really, procreation is all well and good – it’s what you do with product of procreation that counts. Perhaps we should consider banning procreation for those who put more thought and energy into the 20 minutes of procreating, than the 18 years of raising a little person into a kind, well adjusted, happy adult.

Kate commented on Jan 14 10 at 11:09 pm

Mary — if procreation is the only reason for marriage as some argue, then, yes, gay marriage wouldn’t make sense. But then, neither would allowing those too old to bear children to get married. Nor would allowing people who did not intend to have children to get married — after all, if marriage is simply about spawning, then there is no reason to marry if you’re not going to have children. And, of course, those who are infertile, well, they can’t have children so no marriage for them either. In fact, if bearing children is the only reason people should get married, then they should be required to have a bun in the oven before they can get a marriage license. At the very least, if the marriage does not result in offspring within, say, three years, then it would be annulled.

If that doesn’t make sense, it’s because none of it does. People who are infertile can conceive in other ways, enlist a surrogate, or even just adopt. The same is true of the elderly and gays and lesbians.

But marriage is NOT just an agreement to reproduce. It is a commitment between consenting adults who want to share their lives. It may include children and it may not. If it does include children, it may involve adoption, foster care, surrogate mothers, sperm donors, or any of a host of other ways families come together. And all of that is fine because, when it is all said and done, it’s about love.

Roger Sinasohn commented on Jan 15 10 at 1:48 am

Being gay or lesbian doesn’t preclude conceiving a child with a person of the opposite sex. Gay men and lesbians procreate all the time via assisted reproduction (sperm donation, egg donation, surrogacy, IUI, IVF, etc.). All that’s bypassed is the sex part — the rest works just fine.

If we’re going to deny marriage to everyone who can’t procreate through vaginal intercourse, then we’re knocking a lot more heterosexual couples out of the park — now we have to annul the marriages of all opposite-sex couples who can only procreate via the above-mentioned methods. That’s a lot of forced divorces!

Lula commented on Jan 19 10 at 9:54 pm

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