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Heterosexual intercourse has a natural tendency to lead to the birth of children; homosexual intercourse does not. Despite the advances of science, it remains true that the vast majority of children are born as a result of a sexual relationship between a man and a woman, and the Legislature could find that this will continue to be true. The Legislature could also find that such relationships are all too often casual or temporary.
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It's clear that the tack the 4 NY judges took was all about children, ignoring the issue of the civil benefits that acrue to legally married couples and don't acrue to equally commited same sex couples. Not all same sex couples have children, and with a 50% divorce rate, the latter is just as likely to "damage" children as having parents of the same sex.
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The Legislature could also find that such relationships are all too often casual or temporary.
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Couldn't one same the same thing about heterosexual couples?