Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation. Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.
Morrissey, Joseph F.
"Lochner, Lawrence, and Liberty,"
Georgia State University Law Review:
3, Article 4.
Available at: http://digitalarchive.gsu.edu/gsulr/vol27/iss3/4