[Crossposted on Family Scholars Blog.]
According to Robert George et al, the reason same-sex couples can’t marry is that they’re unable to perform “conjungal acts” or “coitus”:
The spouses seal (consummate) and renew their union by conjungal acts – acts that constitute the behavioral part of the process of reproduction, thus uniting them as a reproductive unit. [...] Indeed, in the common law tradition, only coitus (not anal or oral sex even between legally wed spouses) has been recognized as consummating a marriage.
Note that it’s only the “behavioral part” — that is, “coitus,” which the dictionary says is a “sexual union between a male and a female involving insertion of the penis into the vagina” — that matters to George. Whether or not pregnancy actually occurs is not relevant (which is why infertile het marriages are “real” marriages).
Which makes me wonder: If Lucy and Schroeder get married; and if Lucy is a cis woman (“cis” is short for “cissexual,” and means, in a nutshell, “not trans”) and Schroeder is a trans man; would their marriage be a “real” marriage, according to George and his cohorts?
It certainly should be, since Lucy and Schroeder fulfill the requirement; they can consummate their marriage with “acts that constitute the behavioral part of the process of reproduction.”
But my guess is that Robert George and his fellow-travelers would come up with some rationalization excluding trans people from marriage. I wonder what the rationalization would be?
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