Prop 8 Supporters Claim Gay People Don't Need Marriage Because They Can't Get Accidentally Knocked UpS

You know how I know you're gay? You keep fighting for the right to marry your same sex partner and for you and your children to have access to simple things like your spouse's health insurance.

The battle over Proposition 8 and the federal Defense of Marriage Act drags on in California and Prop. 8 supporters are getting desperate. Case in point, Paul D. Clement, a former solicitor general under George W. Bush, has recently given a ridiculous argument against new marriage laws where he claims that gay people don't need legal marriage contracts because their relationships rarely result in unplanned pregnancies. Huh?

Clement says, "Traditional marriage laws reflect a unique social difficulty with opposite-sex couples that is not present with same-sex couples — namely, the undeniable and distinct tendency of opposite-sex relationships to produce unplanned and unintended pregnancies … Unintended children produced by opposite-sex relationships and raised out-of-wedlock would pose a burden on society."

So what he basically argues is that gay couples should have ample time to plan a family and put aside money for a child's insurance needs whereas straight couples need the safety net of a marriage contract because none of us can remember to wear a condom. Never mind, as Katie McDonough at Salon points out, the 1,049 statutory provisions — which includes tax breaks, disability benefits and joint parenting rights — that marriage gives couples access to. Apparently, gay couples have some magic planning technique to get around those as well.

Gay marriage opponents use "Knocked Up" defense in Supreme Court case [Salon]