That brief gives us a clue about the tactics supporters of California's anti-gay marriage measure Proposition 8 will use in arguing the voter-approved
In making their case, Prop 8 supporters say marriage should be limited to opposite-sex couples because they're the only ones who are capable of having kids.
Of course, this argument defies logic in a "Modern Family" age when same-sex couples are perfectly capable of having kids using various non-traditional methods. Here's the gist of their argument, from the brief:
"The age-old definition of marriage distinguishes between relationships of a man and a woman and all other types of relationships, including same-sex relationships. This distinction is rooted in a basic biological fact that goes to the heart of the state's interest in regulating marriage: the unique capacity of intimate relationships between men and women to create new life."
The brief doesn't mention whether the elderly or infertile should be allowed to get hitched.