The Temporary Indiana Law Blog entry from 1/21/05 has a good run down of news coverage of the Court of Appeals decision upholding the state law banning gay marriage. Apparently the Court of Appeals found that the legislature could enact such legislation to further its goal of encouraging procreation. And, since gay couples can’t procreate, they can be deprived of the benefits conferred on married couples. Now, this isn’t a burning issue for me. I’m of the opinion that if it doesn’t hurt people, it’s none of my business, so anti-gay legislation in general seems foolish to me. But, it doesn’t keep me up nights, probably because I’m insensitive to the plight of others.
The reasoning of the court seems specious. I would love to see how the Court reacted to legislation that prohibited barren or post-menopausal women from getting married or remaining married.