tag:blogger.com,1999:blog-9490328.post5607681343218700785..comments2023-08-26T10:41:26.031-05:00Comments on Egg and Sperm: Why can't Rod Dreher just address it?John Howardhttp://www.blogger.com/profile/15367755435877853172noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-9490328.post-4866313525943602562012-12-09T13:35:10.973-05:002012-12-09T13:35:10.973-05:00John Howard says:
Your comment is awaiting moderat...John Howard says:<br />Your comment is awaiting moderation. <br />December 9, 2012 at 10:25 am<br />“regarding what SCOTUS is likely to find,” I think it’s likely that Kennedy will expound on his mention in Lawrence v Texas that marriage is “about the right to have sexual intercourse.”<br /><br />To say that the issue in Bowers was simply the right to engage in certain sexual conduct demeans the claim the individual put forward, just as it would demean a married couple were it said that marriage is just about the right to have sexual intercourse.<br /><br />Yes, he says it is not “just” about the right to have sexual intercourse, but this sentence would make no sense if he didn’t believe that it was at its most essential simplistic core, about nothing but that. Kennedy identified the core of marriage for us, and not just in the opinion but also prominently in the syllabus, presumably because he wanted people to notice it, even though Lawrence had nothing to do with marriage.<br /><br />Now, what does it mean to have a right to have sexual intercourse? Well, other cases (Loving and Skinner and Zablocki and probably others) have made it clear that the right at issue is procreation, making offspring together. Loving v Virginia was clearly about procreating offspring.<br /><br />I think that they are very likely to bring that up again, and probably ask, exasperatedly, why lower courts never brought up the question of same-sex couples procreating offspring, and bring it up himself, just as he brought up marriage rights in Lawrence unprovoked by earlier arguments.John Howardhttps://www.blogger.com/profile/15367755435877853172noreply@blogger.com