Appeals Court Strikes Down Same-Sex Marriage Bans In Indiana, Wisconsin
This is the third federal appeals court to rule that gays have the right to marry.
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The lengthy, often sarcastic, ruling from the U.S. Court of Appeals for the 7th Circuit said the states could not justify denying marriage to homosexuals, who it said are “among the most stigmatized, misunderstood and discriminated-against minorities in the history of the world.”
“The grounds advanced by Indiana and Wisconsin for their discriminatory policies are not only conjectural; they are totally implausible,” wrote Circuit Judge Richard Posner, an influential jurist chosen for the bench by President Ronald Reagan.
He was joined in the opinion by judges Ann Claire Williams, who was nominated by President Bill Clinton, and David Hamilton, chosen by President Obama…
“The only rationale that the states put forth with any conviction — that same-sex couples and their children don’t need marriage because same-sex couples can’t produce children, intended or unintended — is so full of holes that it cannot be taken seriously,” Posner wrote.
He ridiculed the notion that because only heterosexual couples can biologically produce children, it made sense for the states to limit marriage to straight couples.
“Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry,” Posner wrote. “Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure.”
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