First comes love. Then comes marriage. Then comes a baby in a baby carriage. The old rhyme resonates with both young and old. But what happens when after love there is no marriage because the thought is there is no way a baby can even come about?

This is the case for many gay couples who desire to get married but are told they do not have that right because their relationship has no possibility to procreate. The stance has been around since the 1970’s when the first case of gay marriage was brought forth to the Minnesota Supreme Court. At the time, the gay marriage was denied.

The Obama Administration has filed a brief with the Supreme Court to go against that theory and try to move legislation forward to allowing gay marriage. By stating that it is right to deny marriage because they cannot get pregnant and that gay couples should have the same rights as heterosexual couples do, the brief is standing up for all people to have the right to be married regardless of procreation. The Supreme Court will decide on the case in March.

People have mentioned that it is in the best interest of the State to retain marriage between a man and a woman for the sake of society and family structure. Proponents of the ban like those of Proposition 8 from California, share that it is crucial to make marriage about families. Justices have looked at the flip side stating marriage is not only about procreation. Looking at it through that perspective alone is not reason enough to make the ban legit.

Awaiting the Supreme Court’s decision come March will have many curious. If you are trying to understand your legal rights as a gay couple contact a family lawyer in the DuPage area.