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Yes, Cooper allowed, that was a sad statistic, but the state still discouraged sexual activity among people who are not married, as it should, because it had a "vital interest" in "promoting responsible procreation".
"In that context," he writes, "the exclusion of same-sex couples from marriage bears no substantial relation to any interest in promoting responsible procreation and child-rearing".
By marshaling the California-specific facts of Prop 8's history, Verrilli makes a compelling case that "Proposition 8's withholding of the designation of marriage is not based on an interest in promoting responsible procreation and child-rearing... but instead of impermissible prejudice".
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He also rejected Murphy's argument that lawmakers did not exclude homosexuals by passing the ban but were trying to promote responsible procreation.
The lawyers also challenge the idea that gay people raise well-adjusted children and say that DOMA is justified because it "promotes responsible procreation".
Attorney General Eric Holder and Justice Department lawyers have sought to distance the administration from Congress's justifications for the marriage act, one of which was to "encourage responsible procreation".
The rationale offered for DOMA at the time was that Congress was trying to encourage responsible procreation and child-bearing, to bolster the institution of heterosexual marriage, and to defend traditional morality.
In ruling against them, two judges of the 6th Circuit agreed with the state's lawyers who said marriage is designed to further "responsible procreation" by couples of the opposite sex.
To put it simply, Prop 8 does not encourage responsible procreation, and even if it did, the manner in which it attempts to do so would still constitute an equal protection violation.
The proceeds would be ploughed back into treatment and into promoting responsible drinking.
We see the housing sector as a great partner in promoting responsible pay.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com