TEXAS: AG Greg Abbott Files Marriage Ban Overturn Appeal With Fifth Circuit Court, Uses Tired Procreation Argument

Via the American-Statesmen:

Back in court to defend Texas’ ban on gay marriage, Attorney General Greg Abbott is arguing that the restriction is designed to promote responsible procreation, not to demean same-sex couples — a tactic that has already been rejected by two federal appeals courts. Nonetheless, Abbott relies heavily on the argument as Texas prepares to defend the ban at the 5th U.S. Circuit Court of Appeals, which is populated by judges that are considered to be far more conservative than most other federal appeals courts. “By recognizing and encouraging the lifelong commitment between a man and woman — even when they do not produce offspring — the state encourages others who will procreate to enter into the marriage relationship,” Abbott said in the state’s first brief, filed late Monday at the 5th U.S. Circuit Court of Appeals. Promoting opposite-sex marriages “increases the likelihood that children will be born into stable environments where they are raised by their mother and their father,” Abbott argued. Such family structures are good for the children’s well being and good for the state because they increase the likelihood that parents, not society, “will bear the cost of raising these children,” the brief said.

Read the full brief. (Tipped by JMG reader TJ)