Posner's decision in the Wisconsin and Indiana cases

[MNBrewer]

It's worth reading. LOTS of great exposition.

http://www.scribd.com/doc/238675754/14-2386-212

Examples:
"The discrimination against same-sex couples is irra-tional, and therefore unconstitutional even if the discrimina-tion is not subjected to heightened scrutiny, which is why we can largely elide the more complex analysis found in more closely balanced equal-protection cases."

and

"In other words, Indiana’s government thinks that straight couples tend to be sexually irresponsible, producing unwanted children by the carload, and so must be pressured (in the form of governmental encouragement of marriage through a combination of sticks and carrots) to marry, but that gay couples, unable as they are to produce children wanted or unwanted, are model parents—model citizens re-ally—so have no need for marriage. Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry. Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure."

[elleng]

1. Not surprised.

He may make it to the Supremes.

[IllinoisBirdWatcher]

2. Yes, LOTS more fun reading. Especially the final paragraph.

Before ending this long opinion we need to address, though only very briefly, Wisconsin’s complaint about the wording of the injunction entered by the district judge. Its lawyers claim to fear the state’s being held in contempt because it doesn’t know what measures would satisfy the injunction’s command that all relevant state officials “treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage.” If the state’s lawyers really find this command unclear, they should ask the district judge for clarification. (They should have done so already; they haven’t.) Better yet, they should draw up a plan of compliance and submit it to the judge for approval.

[MNBrewer]

3. I really admire Posner

For being a judge who won't put up with the sophomoric bullshit that these states are using for "rationale".

[IllinoisBirdWatcher]

4. Absolutely. A Reagan Republican who can think (and write)

It was a refreshing read because of its clarity, its humor, and its honesty.