Federal appeals judges appear skeptical of Wisconsin, Indiana gay marriage bans

[hue]

http://host.madison.com/wsj/news/federal-appeals-judges-appear-skeptical-of-wisconsin-indiana-gay-marriage/article_72bd4978-6be8-5bea-85aa-7017597157f1.html

CHICAGO — Federal appeals judges bristled on Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.

As the legal skirmish in the United States over same-sex marriage shifted to the three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago, more than 200 people lined up hours before to ensure they got a seat at the much-anticipated hearing.

While judges often play devil's advocate during oral arguments, the panel's often-blistering questions for the defenders of the same-sex marriage bans could be a signal the laws may be in trouble — at least at this step in the legal process.

Richard Posner, who was appointed by President Ronald Reagan in 1981, hit the backers of the ban the hardest. He balked when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to "tradition" as the underlying justification for barring gay marriage.

"It was tradition to not allow blacks and whites to marry — a tradition that got swept away," the 75-year-old judge said. Prohibition of same-sex marriage, Posner said, derives from "a tradition of hate ... and savage discrimination" of homosexuals...

..."What horrible stuff," Posner said. What benefit to society in barring gay marriage, he asked, outweighs that kind of harm to children?

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The 7th US Circuit Court of Appeals is scheduled to hear oral arguments regarding the continuation of John Doe II on Sept. 12th.

[postulater]

1. September 12. Perfect timing. Ha!