On September 9, 2013 Attorneys for the state of Michigan filed paperwork in District Court asserting the state’s right to “regulate sexual relationships.” The court filing is in response to a civil action filed earlier this by Plaintiff Deboer. Deboer filed a suit against the state’s unconstitutional same sex marriage ban, which denies same sex couples the right to marry or to adopt children. In the state’s response, filed on behalf of Governor Rick Snyder, the Michigan attorney general claims:
“One of the paramount purposes of marriage in Michigan — and at least 37 other states that define marriage as a union between a man and a woman — is, and has always been, to regulate sexual relationships between men and women so that the unique procreative capacity of such relationships benefits rather than harms society.”
Far from being a casual statement made off the cuff, this is a statement that has been carefully crafted by the state’s attorneys, and undoubtedly reflects the position held by Snyder administration.
The state not only claims the authority to regulate sexual relationships, but states that regulating sexual relationships is the paramount purpose of marriage in Michigan.
Attorneys also make the claim that the state has the right to regulate procreation, and argument which has been tried and debunked at least a thousand times already. If procreation were the primary reason to allow or not allow marriage there would be a lot of people denied marriage certificates, not just gay and lesbian couples. Infertile couples, for instance, and couples who have passed the age of “procreation.”
If the court were somehow to rule in favor of the state in this case, it is logical to assume that marriages between senior citizens or between couples that cannot conceive, could (hypothetically) be denied using the same ruling. Could the state also move ban sex for any reason other than procreation? A good many GOP and Tea Party reps across the country would certainly support such laws.
This claim goes even further beyond the procreation argument though. The Snyder administrations asserts that the state has the right to regulate sex. How many citizens in the state of Michigan realized that the “paramount purpose of marriage in the state of Michigan” was for the state to regulate their sexual relationships?
A ruling that upholds the state’s right to “regulate sexual relationships” could also (hypothetically) open the doors for any number of laws banning sexual activity, both inside and outside of marriage. Other states have attempted to outlaw anal sex and oral sex. What about sex outside of marriage? What about Adultery?
Maybe they’ll outlaw everything except the missionary position.
Or regulate the number of times a couple can have sex in a week or a month.
Maybe they’ll start requiring temporary sex permits — for legal and state approved sexual activities only, of course.
This is what a Tea Party controlled government looks like. A government that is preoccupied with regulating sexual relationships, while ignoring poverty, joblessness, crumbling schools, failing infrastructure. A government so big it can afford to watch your every activity in the bedroom but far too small to pass a single law to help it’s struggling people get out of bankruptcy.