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)
they can pass any law they want by activist judges, but it doe snot mean this family will ever accept their sham of a marriage , and isn’t it funny how these judges call this equal protection or discrimination and yet they would not allow polygamy
buck snot too
what benefits do gay couples provide society by being married?
i know what a regular family can do without government help and other taxpayers’ money. if we didn’t have them homosexuals wouldn’t even exist.
OTOH, while Posner has usually been a reasonably conservative judge, his decision here illustrates the distinction between libertarians like Posner and actual conservatives.
It's as if the aura of rarely devised schemes could actually parlay ... and even INDUCE .. a motion of frequency, negating the positive syndrome of normalcy !
See ?
I can talk like him, too
Yet 20 years ago they would have ruled the exact opposite. And it would have a ruling based on hundreds or years of American law. Which means that the these rulings are now political and have nothing to do with law. The courts have become corrupted by design. The courts are the final destroyers of America.
“Irrationality” has no part in this. It is just as easy to use that word to defend against a pro-homosexual marriage law. If a power is left to the states, it’s up to the state’s citizens to determine what is irrational.
Cr@& judges ruling with personal feelings instead of legal reasoning.
Homosexuals are sterile?
Cute. In a liberal sort of way. No, fool, two people of the same sex - a COUPLE of the same sex - cannot have children together. That is kindergarten biology.
The constant clash of charybdis epitomizes the sustension factor contributing to the collorarally element of stasis, thus pointing my make of inquiry.
You should KNOW that, plebe.
(compare/contrast judge's comment ... /8^) ... )
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.