Thursday, September 4, 2014

Seventh Circuit CA in unanimity: The states' arguments "cannot be taken seriously"

The Seventh Circuit Court of Appeals has ruled unanimously in favor of equality for Indiana and Wisconsin. The two cases are Baskin v. Bogan and Wolf v. Walker. Once again, the preposterous arguments of responsible procreation are dismissed by competent jurists:

Formally these cases are about discrimination against the small homosexual minority in the United States. But at a deeper level , as we shall see, they are about the welfare of American children. The argument that the states press hardest in defense of their prohibition of same - sex marriage is that the only reason government encourages marriage is to induce heterosexuals to marry so that there will be fewer “ accidental births ,” which when they occur outside of marriage often lead to abandonment of the child to the mother (unaided by the father) or to foster care. Over looked by this argument is that many of those abandoned children are adopted by homosexual couples, and those children would be better off both emotionally and economically if their adoptive parents were married.

We’ll see that the governments of Indiana and Wisconsin have given us no reason to think they have a “reasonable basis” for forbidding same - sex marriage
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 chi ldren, intended or unintended — is so full of holes that it cannot be taken seriously.
Regarding Baker v. Nelson as precedent:
Baker was decided in 1972 — 42 years ago and the dark ages so far as litigation over discrimination against homosexuals is concerned. Subsequent decisions such as Romer v. Evans , 517 U.S. 620, 634 – 36 (1996); Lawrence v. Texas , 539 U.S. 55 8, 577 – 79 (2003), and United States v. Windsor are distinguishable from the present two cases but make clear that Baker is no longer authoritative. At least we think they’re distinguishable . But Justice Scalia, in a dissenting opinion in Lawrence , 539 U.S. at 586, joined by Chief Justice Rehnquist and Justice Thomas , thought not . He wrote that “principle and logic” would require the Court , given its decision in Lawrence , to hold that there is a constitutional right to same - sex marriage. I d . at 605.

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