Gay Marriage Ban's Backers Ignore Precedent, High Court Told

Law360, New York (February 21, 2013, 7:35 PM EST) -- Two same-sex couples on Thursday urged the U.S. Supreme Court to affirm a Ninth Circuit decision striking down California's gay marriage ban, arguing that the ban's proponents espoused a “cramped” definition of marriage that conflicts with high-court precedent and could justify denying marriage rights to any infertile couple.

ProtectMarriage.com and others backing California's Proposition 8 repeatedly have accused their opponents of redefining marriage, but they have imagined marriage as a “utilitarian incentive” to channel potential parents toward responsible procreation, according to the brief filed by respondents...
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