"In fact, it is because of this natural aspect of a female-male union that, historically, consummation required sexual intercourse and not simply any sexual act between the coup?le the idea was to join the parts that, together, have the potential to embody a whole. Thus, laws protecting marriage as the union of one man and one woman are advocating for a social good. The 'law reflected the rational judgment that unions consummated by coitus were valuable in themselves, and different in kind from other bonds.' '[T]wo men, two women, and larger groups cannot achieve organic bodily union: there is no bodily good or function toward which their bodies can coordinate,' like procreation."

"In memorializing the definition of marriage as the union of one man and one woman in the Florida Constitution, the voters of Florida acted to not only preserve and protect the social goods of marriage, e.g. stability, permanency, fidelity, sexual equality and the continuation of society, but also to promote health, safety and welfare. Social science, medical science, the Centers for Disease Control and Prevention, and even homosexual rights activists have established that there are inherent harms associated with same-sex unions, harms that would be financially and socially costly to the entire state. As psychologist David Pickup testifies, men having sex with men (MSM) comprise 48% of all individuals with HIV/AIDS in the United States, but make up only an estimated 2-4% of men in the population.72 “This is occurring in a context where MSM are reporting higher rates of sexual risk behaviors in recent years in spite of increasing cultural acceptance.” (Pickup Declaration, ¶30). On May 9, 2014, the Centers for Disease Control and Prevention published a report documenting significant increases in sexually transmitted diseases in homosexual men for the period 2005-2013, calling the trend a 'major public health concern.'"

This is in keeping with numerous other reports from the CDC cataloging health risks associated with homosexual conduct. For example, homosexual males are at exponentially higher risk of developing a variety of sexually transmitted diseases, and have increased risks of developing various cancers and medical conditions because of the nature of same-sex sex.74 As Dr. Reisman testifies, “[a]ccording to 2011 CDC statistics, we find that male-to-male sexual contact (without any injection drug use) accounted for 90.8% of all HIV diagnoses for males aged 20-24, and 92.8% of all HIV diagnoses for males aged 13-19."