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Heyburn also rejected the arguments of the Family Foundation of Kentucky — that recognizing same-sex marriages would undermine the fundamental role of marriage in ensuring procreation.Heyburn said there is no requirement that opposite-sex couples agree to procreate to get married.“The exclusion of same-sex couples on procreation grounds makes just as little sense as excluding post-menopausal couples or infertile couples on procreation grounds,” he said.
Heyburn said that, “in many respects, the plaintiffs are average, stable American families.”He noted that Burke and De Leon, have been together for 31 years and have two children, 14 and 15. while Meade and Barlowe have been together 44 years.