Hernandez is moot.<quoted text>
The Legislature could find that this rationale for marriage does not apply with
comparable force to same-sex couples.
These couples can become parents by
adoption, or by artificial insemination or
other technological marvels, but they do
not become parents as a result of accident
or impulse. The Legislature could find
that unstable relationships between people
of the opposite sex present a greater danger that children will be born into or grow
up in unstable homes than is the case with
same-sex couples, and thus that promoting
stability in opposi
te-sex relationships will
help children more.
It also relies on prejudice alone. It fails to show how denying equality to gay parents does anything to promote stability or affect pregnancy in opposite sex relationships. It only harms gay parent families without providing any benefit to opposite sex parents. No legitimate governmental interest is served by denial of equality.