Washington Blade
November 30, 2012
A federal court in Nevada has ruled against allowing same-sex couples to marry on the basis that they can’t procreate and gay people aren’t a politically powerless class. In a 41-page ruling, U.S. District Judge Robert Jones, an appointee of former President George W. Bush, granted summary judgment in favor of the state of Nevada against claims its prohibition of marriage for same-sex couples violates the Equal Protection Clause of the Fourteenth Amendment. Among the reasons why Jones, a Mormon who attended Brigham Young University, finds gay couples lack a constitutional right to marry is a rational basis for the government to preclude couples who can’t bear children from marrying: