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BREAKING: Appeals Court Scraps Gay Marriage Bans In Wisconsin, Indiana
Talking Points Memo ^ | September 4, 2014 | Sahil Kapur

Posted on 09/04/2014 6:06:51 PM PDT by 2ndDivisionVet

The 7th Circuit Court of Appeals on Thursday overturned same-sex marriage bans in Wisconsin and Indiana.

"The discrimination against same-sex couples is irrational, and therefore unconstitutional even if the discrimination 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," Judge Richard Posner wrote for a unanimous three-judge panel.

The ruling makes it the third federal appeals court to conclude that state prohibitions on gay marriage violate the Constitution's guarantee of equal protection. Advocates for marriage equality have enjoyed many victories since the Supreme Court ruled in 2013 that the federal government may not deny equal benefits to legally married gay couples.

Posner, a Reagan appointee, said the cases were formally about "discrimination against the small homosexual minority" but "at a deeper level, as we shall see, they are about the welfare of American children."

"Our pair of cases is rich in detail but ultimately straightforward to decide," he wrote. "The challenged laws discriminate against a minority defined by an immutable characteristic, and 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."

The decision will be appealed by Wisconsin Attorney General J.B. Van Hollen, a Republican.

"The Attorney General has always believed that this case will ultimately be decided by the United States Supreme Court. The stay remains in effect until all appeals have been concluded," Dana Brueck, a spokesperson for the AG, said in an email.

(DOCUMENT-AT-LINK)


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: gaymarriage; homosexualagenda; indiana; wisconsin
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Two at once? They're on a roll. Seems Louisiana was just a temporary speed bump.

1 posted on 09/04/2014 6:06:51 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

This story has been “breaking” for several days now.


2 posted on 09/04/2014 6:09:36 PM PDT by Steely Tom (How do you feel about robbing Peter's robot?)
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To: 2ndDivisionVet
THIS NOT A CONSTITUIONAL RESPONSE

The frrickin' JUDGE should be impeached for violating The Constitution !!!

"The discrimination against same-sex couples is irrational, and therefore unconstitutional even if the discrimination 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," Judge Richard Posner wrote for a unanimous three-judge panel.

3 posted on 09/04/2014 6:10:33 PM PDT by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: 2ndDivisionVet

Up is down , left is right

More is better

Even when less will do

We know better than

Granny and you!!


4 posted on 09/04/2014 6:12:37 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: 2ndDivisionVet
"The discrimination against same-sex couples is irrational,

Irrational??? What kind of legal judgment is that?? It's very rational and was considered rational for oh...I don't know...THOUSANDS OF YEARS!

5 posted on 09/04/2014 6:12:38 PM PDT by DouglasKC
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To: knarf

It doesn’t matter when most of our population has no idea or doesn’t care about the friggin constitution or the purpose of a judge.


6 posted on 09/04/2014 6:12:39 PM PDT by Phillyred
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To: Steely Tom
"The 7th Circuit Court of Appeals on Thursday overturned same-sex marriage bans in Wisconsin and Indiana."

Today is Thursday, is it not?

7 posted on 09/04/2014 6:14:38 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: 2ndDivisionVet

I never realized the homosexual agenda would consume the democrats so much that they would go so far


8 posted on 09/04/2014 6:14:53 PM PDT by realcleanguy
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To: 2ndDivisionVet
. . . same-sex couples and their children . . .

Sorry, judge, but same-sex couples do not have children, at least not children of their own. What they do have at times are other people's children, kids who have been deprived of either a mother or a father so a couple guys/gals can pretend God made a mistake. For that very reason, what they are doing to those children is pure evil, and our elites have decided to throw rice at it. Next they will demand that all the rest of us do the same or face jail time.

9 posted on 09/04/2014 6:16:54 PM PDT by madprof98
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To: madprof98

Statutory rape victim reportedly forced to pay child support
http://www.freerepublic.com/focus/f-chat/3199885/posts


10 posted on 09/04/2014 6:17:54 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: 2ndDivisionVet

Madness. Evil, lawless madness.


11 posted on 09/04/2014 6:18:02 PM PDT by WXRGina (The Founding Fathers would be shooting by now.)
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To: 2ndDivisionVet
Here is one of the "brilliant insights" of this so-called "conservative":

"Will there be a notion of privacy in the future?"

Posner: "No. I value my privacy as much as anyone. But I think as a social good, a social aspect, I think privacy is greatly overrated because privacy basically means concealment. [...] Privacy is not one of those things that’s deeply ingrained in human nature."

I hope the Occupy movement decides to Occupy Richard Posner's House. Maybe that will get him to change his mind.

12 posted on 09/04/2014 6:19:20 PM PDT by Objective Scrutator (All liberals are criminals, and all criminals are liberals)
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To: knarf

Irrational? Yes, the idea that the government would condone sodomy is irrational! The fact that they would limit the benefits and responsibilities to one man one woman marriage is completely rational.

This guy is out of his gourd. Irrational is not a Constitutional notion!


13 posted on 09/04/2014 6:20:17 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: realcleanguy
It is all about POWER. Their goal is more of the power. A society without fathers is dependent on government. Large centralized government. The destruction of the family unit and the elimination of the societal norm of men being involved in the rearing of their children equals more power for the Democrats as they are the party of big government.
14 posted on 09/04/2014 6:22:53 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: 2ndDivisionVet
Sorry, you're right

Here's a list of recent articles. It seemed to me like they've been going on for days.

Indiana's gay marriage ban ruled unconstitutional
Excerpts from Judge Feldman's Ruling on Same-Sex Marriage
Louisiana ruling breaks pro-gay marriage streak
Federal judge upholds La. same-sex marriage ban

These all within the past 48 hours.

15 posted on 09/04/2014 6:26:38 PM PDT by Steely Tom (How do you feel about robbing Peter's robot?)
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To: 2ndDivisionVet

Homosexuals should be proud: they have officially destroyed the institution of marriage, long understood to be the union of one man and one woman.


16 posted on 09/04/2014 6:32:08 PM PDT by windsorknot
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To: Jim from C-Town

The meaning of “normal” marriage has deteriorated for decades. “Gay marriage” is an imitation that only became possible because what it purported to imitate became an empty shell.


17 posted on 09/04/2014 6:32:45 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: 2ndDivisionVet

hang on, so the judge stated that they are discriminated against.
Ok so where is his proof?

See they can marry the opposite sex just as we can, therefore we can’t marry the opposite sex like they can’t.

Where the hell is the discrimination, and where is it in the constitution?

Does our side ever argue this point or do they just stand there like dummies because they want to overturn the marriage laws? Will these judges also use the same arguments now for any kind of marriage?

That is another question which needs to be asked to them.


18 posted on 09/04/2014 6:35:10 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: windsorknot

They destroyed a social concept that had become a vacuous, empty vestige of the hallowed institution of marriage.


19 posted on 09/04/2014 6:35:30 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: DouglasKC

there is no discrimination at all.

They can marry the opposite sex just like us and we can’t marry the same sex just like them.

Where the hell is the discrimination then?

Also the judge gave his opinion , not based on the law


20 posted on 09/04/2014 6:36:44 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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