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 dont need marriage because same-sex couples cant 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)
Two at once? They're on a roll. Seems Louisiana was just a temporary speed bump.
This story has been “breaking” for several days now.
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.
Up is down , left is right
More is better
Even when less will do
We know better than
Granny and you!!
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!
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.
Today is Thursday, is it not?
I never realized the homosexual agenda would consume the democrats so much that they would go so far
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.
Statutory rape victim reportedly forced to pay child support
http://www.freerepublic.com/focus/f-chat/3199885/posts
Madness. Evil, lawless madness.
"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 thats 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.
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!
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.
Homosexuals should be proud: they have officially destroyed the institution of marriage, long understood to be the union of one man and one woman.
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.
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.
They destroyed a social concept that had become a vacuous, empty vestige of the hallowed institution of marriage.
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
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