Justice Peter T. Zarella of the Connecticut Supreme Court
cited the scholarship of Penn Law Professor
"In my view, the state's interests in promoting and regulating procreative conduct are legitimate. Indeed, they are compelling," he wrote. "I further believe that limiting marriage to one man and one woman is rationally related to the advancement of those interests."
Quoting Wax's 2005 paper published in the San Diego Law Review, titled "The Conservative's Dilemma: Traditional Institutions, Social Change, and Same-Sex Marriage,'' Zarella wrote that "the state rationally could conclude that '[t]he power of biological ties means that heterosexual families are most likely to achieve stability and successfully perform the childrearing function.'"