Same-sex marriage will obfuscate the state’s interests in all marriages. As Justice O’Connor said in her concurring opinion in Lawrence v. Texas, “preserving the traditional institution of marriage” is a “legitimate state interest.”1 Such interests are predicated mainly in the fact that heterosexual couples can produce children which facilitates social order and the longevity of the state. State interest in marriage extends to the well-being of a child, for should a family fail to protect a child that responsibly can fall to the state. However, if marriage is to have any social value the social meaning of marriage must remain apparent and protected. For, “the contribution of family life to the conditions that develop and sustain long-term personal fulfillment and autonomy depends (among many other important factors) upon maintaining the family as a legally defined and structurally significant entity.”2 Anything less than preserving the traditional definition of marriage creates an imprecise relationship between the state and your marriage.
State interest in marriage