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Culture War Roundup for the week of December 11, 2023

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Testing for fertility would be an extremely invasive process that is also rather error-prone, both points being especially damaging when applied at scale to the entire population. Continuing to not condone same-sex marriage implicates none of this, as the state can simply look at the 'sex' field in the government-issued documents that the government already has, which is not at all invasive in light of what is already required of marriage applicants. This 'gotcha' was never anything more than an ill-thought-out 'gotcha'.

It's especially silly wrong when one considers that there are actually situations where, believe it or not, the state requires individuals to show that they're infertile in order to get married. That is, in many states, close relatives are allowed to get married if they can show that they are infertile (they would otherwise be prohibited from marrying). This reasoning follows pretty simply from the idea that the state is using marriage policy to encourage responsible procreation as well as the dual objective, discourage irresponsible procreation. The state acknowledges that there are strong liberty and privacy reasons why they cannot simply ban sex between close relatives, but thinks that such activity leads to irresponsible and dangerous procreation. Perhaps one might think that it is enough of a deterrent to simply remove the stamp of 'marriage' from such couples (though on your theory, one can't imagine what the grounds of such a move would be in the first place), but it has actually long been recognized that the state can go even further, using marriage policy to incentivize such couples to perhaps even pursue sterility by artificial means. Obviously, such a goal does not exist for homosexual couples; they seem to be just irrelevant for the purposes of marriage policy. There is no plausible way to argue that since the state uses marriage policy to encourage close relatives to sterilize themselves rather than procreate irresponsibly that they must somehow also incentivize homosexual relationships for no apparent reason.