Indiana, Wisconsin Marriage Equality Decision Strikes Down Bans

Written by scott on September 5th, 2014

Seventh CircuitThree judges at the Seventh Circuit struck down Indiana and Wisconsin bans in a striking pro marriage equality decision, calling the bans “totally implausible”.

Equality on Trial reports:

In an opinion by Judge Richard Posner, the Seventh Circuit Court of Appeals has ruled in Wolf v. Walker and Baskin v. Bogan that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. Posner writes: “To return to where we started in this opinion, more than unsupported conjecture that same-sex marriage will harm heterosexual marriage or children or any other valid and important interest of a state is necessary to justify discrimination on the basis of sexual orientation. As we have been at pains to explain, the grounds advanced by Indiana and Wisconsin for their discriminatory policies are not only conjectural; they are totally implausible.”

The decision also laid into the defense’s attempts to link the bans to “tradition”.

LGBTQ Nation reports:

There are “bad traditions that are historical realities such as cannibalism, foot-binding, and suttee, and traditions that … are neither good nor bad – such as trick-or-treating on Halloween,” the ruling says. “Tradition per se therefore cannot be a lawful ground for discrimination – regardless of the age of the tradition.” It also laid into another argument from the states that gays should not be allowed to marry because, on their own, they can’t procreate, saying that rationale “is so full of holes that it cannot be taken seriously.”

And finally, the ruling took on the argument that these bans are in place to protect children.

The Washington Blade reports:

“The argument that the states press hardest in defense of their prohibition of same-sex marriage is that the only reason government encourages marriage is to induce heterosexuals to marry so that there will be fewer ‘accidental births,’ which when they occur outside of marriage often lead to abandonment of the child to the mother (unaided by the father) or to foster care,” Posner writes. “Overlooked by this argument is that many of those abandoned children are adopted by homosexual couples, and those children would be better off both emotionally and economically if their adoptive parents were married… “Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry,” Posner continues. “Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure.”

Wisconsin’s attorney general has already said he will appeal the ruling to the US Supreme Court.

LGBTQ Nation reports:

Wisconsin’s attorney general says he will ask the U.S. Supreme Court to reverse a federal appellate ruling striking down the state’s same-sex marriage ban. Republican Attorney General J.B. Van Hollen’s spokeswoman, Dana Brueck, said in an email to The Associated Press that Van Hollen has always believed the case will be decided in the that court.

And in Indiana, the Atty. Gen. plants asked the US Supreme Court for a stay.

LGBTQ Nation reports:

Attorney General Greg Zoeller said Thursday that it seems clear the issue will have to be decided by the U.S. Supreme Court. Zoeller says his office will seek a stay while it appeals the decision. Zoeller says he hopes the nation’s highest court will decide the issue “sooner rather than later.”

The Indiana family Institute is not happy about the decision.

Joe.My.God reports:

Today the 7th Circuit Court of Appeals sent a shocking and destructive message to Indiana lawmakers and all Hoosier citizens: Moms and Dads are optional. The 40 page decision departs from the constitutional role of the judiciary to interpret the law and instead the Court assumes a moral superiority over the people of Indiana and our elected leaders. The Court is correct that all people are capable of loving children, but it fails to realize that all the love in the world can’t turn a mother into a father or a father into a mother. Same-sex ‘marriage’ is at odds with the ideal. It harms society by encouraging more motherless and fatherless homes, when we should have fewer.

Funny how they’re trying some of the same arguments that the court just rejected.

There is no stay, but we’ll have to wait at least 21 days for the decision to take effect, more than enough time for the US Supreme Court to stay the decision.

Find more articles and gay wedding resources in Indiana.

Find more articles and gay wedding resources in Wisconsin.

 

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