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Seventh Circuit hearing suggests a favorable ruling

Timothy Kincaid

August 26th, 2014

The Seventh Circuit Court of Appeals heard testimony today as to whether the bans on same-sex marriage in Indiana and Wisconsin violate the US Constitution. To say that it did not go well for those supporting the bans would be an understatement.

Here are the recording of the arguments in the Indiana case and the Wisconsin case (sound only).

By far the least tolerant of the states’ arguments was Judge Richard Posner, who at one point asked Indiana’s counsel, “is there any empirical evidence for anything you are saying?” His chief point, which he reiterated several times, is that if you wish to set policy so as to benefit children who may be born by accident (the argument of the state), then surely it benefits them when the same-sex couple who adopts them gets married.

However, Posner – appointed by President Reagan in 1981 – may not be easy to dismiss as a “radical judge ruling from the bench and pushing a homosexual agenda”. Not only is he the most cited legal scholar of the 20th century, but he was the judge that sided in favor of anti-gay students in one of the t-shirt wars.

UPDATE: I just noticed that Rob – who shares my amusement with the hearing – beat me to the post. I don’t have Vicodin or a detached retina to blame. Sorry.

Comments

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Lucrece
August 26th, 2014 | LINK

That AG was pretty feisty wasn’t he. I’m surprised he would be that terse with the judges.

Hyhybt
August 27th, 2014 | LINK

This one’s too good for only one of you to post about.

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