The second point, that the right to marry is fundamental because it supports a two-person union like no other, is vulnerable to the criticism we noted in the section on United States v. Windsor. Yes, it is true that marriage has traditionally been a two-person union. Yet historically its uniqueness has typically been connected both to procreation and to its being a lifelong bond, both of which no longer apply in modern society, given the existence of no-fault divorce laws.
