Judge Stephen Reinhardt asked Boise attorney Deborah Ferguson if she thought marriage laws have any effect on “bonding between a mother and a father and a child, and that structure being a better structure for society?” He was referring to earlier arguments from attorney Monte Stewart on behalf the state of Idaho. “I don’t think it has any effect on that,” Ferguson responded.

“I don’t see the marriage of opposite sex and same-sex couples as these different regimes that are being portrayed by the state. My clients are looking for the opportunity to participate in traditional marriage, to marry and have that very intimate adult bond and protect their children in that fashion. And I don’t think that opposite-sex couples are looking to see what same-sex couples are doing, and saying that somehow if same-sex couples are allowed to celebrate and have those very personal bonds, that it’s going to serve as a disincentive for them to marry or to have children or to stay together with their children. … You’re imposing a very great harm, for no benefit.”