Court rules gay marriage ban in Ind. unconstitutional

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by Alex Schuman

WHAS11.com

Posted on September 4, 2014 at 3:19 PM

Updated Thursday, Sep 4 at 11:55 PM

LOUISVILLE, Ky. (WHAS) -- Three judges unanimously struck down Indiana’s ban on gay marriage Thursday, but as usual, only one wrote the opinion.

 

Judge Richard Posner was first appointed to the U.S. Court of Appeals by President Ronald Reagan in 1981, according to his bio at the University of Chicago Law School.  He is known for using harsh language in his opinions, and he did not disappoint in his explanation for why the court struck down Wisconsin and Indiana’s bans.

 

Posner explained Indiana’s core argument was that allowing same-sex couples to marry would undermine the protection of Hoosier children.  He wrote that is argument is, “so full of holes that it cannot be taken seriously.”

 

He wrote an exchange between himself and one of Indiana’s attorneys.  

 

“You agree same-sex couples can successfully raise children, why shouldn’t the ban be lifted as to them?” Posner asked.

 

“The assumption is that with opposite-sex couples there is very little thought given during the sexual act, sometimes, to whether babies may be a consequence,” Posner writes the attorney said.

 

According to the opinion, Indiana feels marriage must be allowed between a man and a woman in case the two accidentally have a child because if they can get married – they are less likely to abandon the child.

 

Posner describe it a bit differently.

 

"Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry.” Posner wrote.  “Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry.  Go figure."

 

 

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