Similarly, the Marriage Statute is under-inclusive, because it discounts non-traditional methods of producing children. In recent times, couples have developed families through technological and societal advances such as in vitro fertilization, surrogacy, adoption, and fertility donations. The Appellee asserts that the Marriage Statute promotes relationships uniquely able to produce children; however, with advances in modern technology, almost any relationship can produce children. Thus, this Court finds that the Marriage Statute is more extensive than necessary to serve the first stated governmental interest of procreation.
