U.S. appeals court rules gay marriage bans in Wisconsin, Indiana unconstitutional

[Blue_Tires]

Source: startribune.com

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.startribune.com/lifestyle/273992681.html

[Hissyspit]

1. But, but the judge in Louisiana says there'll be father-son marriages!

Yes, of course:

[lark]

9. Asshole christian taliban judge

[Fortinbras Armstrong]

17. Such a brilliant example

Of the logical fallacy of the Slippery Slope one rarely sees.

[iandhr]

2. One of the judges was appointed by Obama

I doubt the Obama is no different a Republican crowd will listen.

[Fearless]

16. To be fair we have had Reagan and Bush appointed judges

Rule in our favor as well. One hopes that a judge will put politics aside and rule based on the Constitution.

[Fred Sanders]

18. Many judges, probably the vast majority, do just that....but that generates no outrage, so no

media coverage.

[GitRDun]

3. Richard Posner is fast becoming my absolute favorite conservative judge! n/t

[Half-Century Man]

4. Usually I have a good deal of disdain for our Judaical $ystem.

I am always pleased to be proven wrong. Good ruling your Honors.

[William769]

5. Great news!

[hue]

6. Great news!! J.B. Van Hollen & Walker GTH!

[azurnoir]

7. Good news

now what about Louisiana?

[brooklynite]

8. Anyone who listened to the oral arguments knew this was coming.

[hue]

12. True. The oral arguments show that WI is yet in the Dark Ages.

[lark]

10. Whoohoo for sane judge in Chicago!

[elleng]

11. 'Judge Richard Posner, an appointee of Repubican President Ronald Reagan in 1981, wrote Thursday's

opinion for the panel. During oral arguments, it was Posner who fired the toughest questions at defenders of the bans, often expressing exasperation at their answers.

The ruling echoes his comments during oral arguments that "hate" underpinned the gay-marriage bans, saying, "Homosexuals are among the most stigmatized misunderstood, and discriminated-against minorities in the history of the world."

The states argued that the prohibitions helped foster a centuries-old tradition of marriage between men and women, and that the regulation of the institution of marriage was a tool for society to attempt to prevent pregnancies out of wedlock.

Thursday's opinion went back to that issue repeatedly, noting that some traditions, such as shaking hands or men wearing ties, may "seem silly" but "are at least harmless."

That, though, is not the case when it comes to gay-marriage bans, the court said.

"If no social benefit is conferred by a tradition and it is written into law and it discriminates against a number of people and does them harm beyond just offending them, it is not just a harmless anachronism; it is a violation of the equal protection clause," the opinion says.'

[theHandpuppet]

13. Celebrate!!

[Iwillnevergiveup]

14. I like it

when good things happen in bundles.

[riversedge]

15. congrats to Wisconsin and Indiana