Kenji Yoshino does the usual takedown of Robert George's article, because Robert George avoided the issues of procreation rights and same-sex procreation and so walked right into it. Because my comments often get deleted from Slate, here is my comment to Yoshino's latest response:
Marriage is approval to procreate offspring together, using the marriage's own genes. It is not given to siblings and other couples that are not allowed to procreate offspring together. It is given to couples that are approved and allowed to procreate, whether they wind up procreating or not.
Using the baseball analogy, a team is approved and allowed to win the game, no baseball team is prohibited by rule from possibly winning a game. That approval is why losing teams are not demeaned, they still have the dignity of being allowed to try to win games, and if they managed to, everyone would celebrate their good fortune and the rightness of them winning a game.
Same-sex couples, unlike infertile couples, should not be approved or allowed to procreate offspring together. Even if technology could be used to facilitate it, perhaps using stem cell derived gametes, or perhaps computer sequencing and DNA synthesis, using such methods to create a human being should not be allowed. The only way that people should be allowed to be made is by joining the egg of a woman and the sperm of a man. That is the only ethical way for people to be created, all other attempts would demean equality and dignity and turn procreation into a form of manufacture and deny the child their right to exist as a equal human being, as an equal member of the species. It is terrible public policy for same-sex procreation to be legal, it confuses children who think it might be an option for them someday, and it wastes tons of energy and money on research. Plus, it might actually lead to children being made, which puts the child at enormous risk of birth defects and requires that the child be monitored and studied for its whole life, and its children too, and that would require a huge government regulatory agency which would be unsustainable and expensive, and if it became entrenched, would wind up limiting everyone's freedom to have children naturally and force people to be screened and modified.
Civil Unions should be defined as "marriage minus conception rights" so that they can be enacted in all 50 states and federally recognized immediately, to give same-sex couples all the other benefits and incidents and obligations of marriage, without allowing same-sex procreation, or stripping procreation rights from everyone's marriage. Marriage should continue to approve and affirm the couple's right to procreate offspring using their own genes. People should only have that right with someone of the other sex.