State attorneys said in a court filing on Wednesday the gay marriage licenses have no “value or legitimacy” and can’t be defended in court. They compared gay and lesbian couples to children, who can’t marry because a 1996 law says marriage is between a man and a woman.
“Had the clerk issued marriage licenses to 12-year-olds in violation of state law, would anyone seriously contend that each 12-year-old … is entitled to a hearing on the validity of his ‘license’?” the state wrote, according to a story on the Philly.com news website.
The state has a strong case against Montgomery County, and it’s surprising they’ve been able to keep going with the local marriage licenses as long as they have.
But this is just breathtakingly offensive as a political argument, and really highlights how absurd the ban on same-sex marriage is. It doesn’t make sense to grant a marriage license to 12-year-olds because we don’t think 12-year-olds have the maturity and perspective to consent to a lifelong partnership. By contrast, same-sex adult couples who want to get married know exactly what they’re doing, and there’s no good reason to prevent them from doing it besides an arbitrary state law.