A new argument against equal marriage, being presented to the Supreme Court of the United States in the amicus brief of David Boyle, the lawyer of Robert Oscar Lopez and several other "children of gay parents divorce and other fractured relationships" who oppose gay marriage:

"Same-sex-marriage bans steer bisexual or sexually-fluid persons towards heterosexual marriage. This increases the number of children, and reduces the amount of sodomy-norming role-modeling for children."

"Over three million people moved into diverse-gender marriage provides far more than a mere “rational basis” for same-sex-marriage bans, but rather, an extremely compelling state interest."

(And, he argues, we need to keep making more and more babies, and to provide them with good straight-and-narrow role models, hiding from children the full spectrum of diverse human sexuality between consenting peers. Maybe people who are queer will simply disappear if kids don't know about us. Yeah, right.)

[...with the physical differences between] same-sex couples and opposite-sex couples re fertility, etc., same-sex-marriage bans make sense. Same-sex-marriage bans steer bisexual or sexually-fluid persons towards heterosexual marriage. This increases the number of children, and reduces the amount of sodomy-norming role-modeling for children. Same-sex-marriage bans are not “underinclusive” [re fertility, due to, e.g., privacy concerns which preclude fertility testing.]So, if we conservatively assume that not even 5%, but only 4%, of the population is bisexual/“sexually fluid”; then if there are c. 320 million Americans right now, c. 12.8 million are bisexual. If even half of those marry, that is 6.4 million people, with roughly 3.2 million marrying opposite-sex partners, and 3.2 million marrying same-sex partners, if same-sex marriage were available. But if same-sex marriage were unavailable, then, at least c. 3.2 million more people, if they marry, would marry opposite-sex partners. Over three million people moved into diverse-gender marriage provides far more than a mere “rational basis” for same-sex-marriage bans, but rather, an extremely compelling state interest. If the real-life numbers are anywhere close to those hypothetical figures—or even if lower—, they make the case for a direct, very strong nexus between same-sex-marriage bans and the channeling of people into heterosexual marriages.

Jeremy Hooper at Good As You points out that Mr. Boyle is "calling same-sex marriage bans what they are. It's unlike the opposition to admit that these bans are, in fact, bans. It's helpful that Mr. Boyle is so willing."

It's also noteworthy and ironic how he coopts and twists the language of exclusion and diversity, referring to "gender-segregated" marriages and "diverse-gender" marriages.

(h/t and image sources: Good As You: 'Children of gays' lawyer to SCOTUS: Ban same-sex marriage so bisex...)

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Replies to This Discussion

I think they are seeing a causative relationship where none exists. A bisexual person has no more control or ability to decide who he or she loves any more than gay people or heterosexual people do. 

Bisexual people with opposite sex partners can marry, so sometimes they do. Bisexual people with same sex partners often can't marry, so they don't.

People who think something like a law will determine or influence who people love have really warped ideas about love. It seems like marriage is only a sex thing for those sorts, with love not playing any part in it. 

Well yes, of course only heterosexual christians are capable of actual love. (They just have funny ways of showing it, like burning you alive.)

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