"Marriage exists for its procreative potential, not just as recognition of a loving relationship between two people, and the U.S. Supreme Court agrees, lawyers for an Oklahoma clerk said in a new court filing.
The 63-page brief filed Tuesday is the latest volley in a battle between a lesbian couple of 17 years and Tulsa County Court Clerk Sally Howe Smith, who refused to grant them a marriage license in 2009.
Mary Bishop and Sharon Baldwin subsequently sued to be allowed to marry in their home state, where voters had approved a ban on same-sex marriage in 2004. U.S. District Judge Terence Kern ruled in Bishop and Baldwin's favor in January this year, and Smith appealed.
Lawyers for Smith argued that marriage is about furthering "potentially procreative sexual relationships into stable unions" rather than recognizing the love and commitment of two people."
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