Friday, April 22, 2016

Yet another argument against same-sex "marriage"

“Marriage Equality” will destroy paternity laws.

The Obergefell Decision mandates the extension of all the incidents of marriage to same-sex “marriage”. Probably the most salient of these is the presumption of paternity, which will have to be changed to the genderless “presumption of parentage”. The basis of this presumption will have to change as well. Up until now the basis has been biology but this won’t work for same-sex couples because no same-sex couple can have a child on their own. Therefore, the basis for this new presumption of parentage will have to change to contractual intent (this has actually already happened in several jurisdictions). Presumption of parentage cannot be based on both biology and intent, it must be one or the other. Otherwise, there would be a mess of conflicting claims between same-sex couples and their surrogates or sperm donors.

If contractual intent and not biology determines parentage, then how can the laws regarding paternity suits stand? They can’t. Paternity laws are premised upon exactly that which “marriage equality” denies, that there is a connection between reproduction and parenthood, and it must deny this connection. The arguments for “marriage equality” go down the drain if it is admitted that parenting is normatively a sexual, not an asexual, enterprise. And if parenting is normatively a sexual enterprise, then the state has a good reason to single out heterosexual relationships for special regulation, but that now, of course, is appalling bigotry. The Supreme Court has so ruled.

Because intent determines parentage, lack of intent will determine non-parentage, and, thus, lack of intent becomes a full-proof defense against a Paternity Suit. A man who had a one-night-stand that was not fully protected can always say that his intent was only to have a good time and NOT to become a parent. This vitiates the whole point of Paternity Laws.

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