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I certainly agree with Sara Miles concerns about the pathetic decision by the New York court. But the decision should give heterosexuals pause too. The majority opinion implies that marriage is for raising children and indirectly that sex is for procreation. Apparently a law limiting marriage to those who wish to raise children would be a "bad idea" but only because it allegedly would require "intrusive inquiries and arbitrary and unreliable line-drawing." It seems to me that following the "thinking" of the majority opinion, anyone having children should be forced into marriage. Although this type of retrograde thinking about who can marry or who must marry likely still has appeal to a segment of the population, I don't think most people would be comfortable with the conclusions that could be reached following further the arguments of the majority.
BTW, if anyone has not read the full decision, I recommend reading it, particularly the articulate, solidly reasoned dissenting opinion of Chief Judge Kaye.
