Appeals court rules same-sex marriage ban in Wisconsin unconstitutional

[PeaceNikki]

CHICAGO —A U.S. appeals court in Chicago has ruled that gay marriage bans in Wisconsin and Indiana are unconstitutional.

Thursday's decision by a three-judge panel at the U.S. 7th Circuit Court of Appeals bumps the number of states where gay marriage will be legal from 19 to 21. The decision was unanimous.

The Wisconsin and Indiana cases shifted to Chicago after their attorneys general appealed separate lower court rulings in June tossing the bans. The 7th Circuit stayed those rulings pending its own decision.

During oral arguments in August, one judge appointed by a Republican likened same-sex marriage bans to laws once barring interracial marriage. Judge Richard Posner said they derived from "hate ... and savage discrimination" of gays.

The states argued the prohibitions helped foster a centuries-old tradition.

Read more: http://www.wisn.com/politics/appeals-court-rules-samesex-marriage-ban-in-wisconsin-unconstitutional/27882336#ixzz3CNQb6KjQ

[MineralMan]

1. Excellent news! Almost halfway there.

[hifiguy]

2. And a unanimous opinion at that.

If Judge Posner wrote the opinion - it doesn't mention who the author was in the article - it is sure to be airtight.

The CofA turned that case awfully quickly.

[PeaceNikki]

3. Posner did write it.

The unanimous decision by the three-judge panel of the U.S. 7th Circuit Court of Appeals in Chicago criticized the justifications both states gave for the bans, several times singling out the argument that marriage between a man and a woman is tradition. There are, the court noted, good and bad traditions.

"Bad traditions that are historical realities such as cannibalism, foot-binding, and suttee, and traditions that from a public-policy standpoint are neither good nor bad — such as trick-or-treating on Halloween," it said. "Tradition per se therefore cannot be a lawful ground for discrimination-regardless of the age of the tradition."

http://abcnews.go.com/US/wireStory/court-rules-gay-marriage-bans-states-25250547

[hifiguy]

4. Ouch. That is gonna leave a mark. One that will last for a while.

And it will also leave a few SCOTUS justices reaching for the Pepto while Ginsburg, Sotomayor, Kagan and Breyer, JJ smile quietly to themselves.

Speaking from experience, judges and their law clerks really enjoy writing opinions where they can flash their literary chops and real thoughts.

[William769]

5. Yes! I'm going to party like it's 2014!

Well I'll try with the condition I'm in.

[Unvanguard]

6. Eight days after argument. Incredible. Posner is an incredibly fast writer. n/t

[hifiguy]

7. He had half the opinion in written in his head

by the time he was done mercilessly running those two idiots through the shredder of logic. There was nothing left of those klowns by the end of oral argument save for two pairs of smoking shoes. Probably dictated most of it and had his clerks fill in the cites and references, then put the eyebrows on it in editing.