Wednesday, August 27, 2014

Marriage equality: Tradition doesn't justify discrimination, judge says

Posted By on Wed, Aug 27, 2014 at 6:48 AM

click to enlarge 'HORRIBLE STUFF': Judge Richard Posner on discrimination against gay couples in marriage.
  • 'HORRIBLE STUFF': Judge Richard Posner on discrimination against gay couples in marriage.
States attempting to defend discrimination against gay couples in marriage had a tough time in arguments yesterday before the 7th Circuit Court of Appeals in Chicago. Commentary from Judge Richard Posner, a Reagan appointee, was particularly sharp. When Wisconsin tried to defend the "tradition" of excluding gay couples from marriage, Posner responded sharply:

"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 to the Wisconsin attorney, derives from "a tradition of hate ... and savage discrimination" of homosexuals.

…At one point, Posner ran through a list of psychological strains of unmarried same-sex couples, including their children having to struggle to grasp why their schoolmates' parents were married and theirs weren't.

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

States also attempted to argue that encouraging heterosexual marriage was a proper state purpose because same-sex couples "do not make babies." Together, no. But individually and by adoption, of course, they do make families. Judge David Hamilton also had a dry observatiion on that.

"I assume you know how that has been working out in practice?" Judge David Hamilton responded, citing figures that births to single women from 1990 to 2009 rose 53 percent in Wisconsin and 68 percent in Indiana.

With indications like these and the mounting toll of decisions everywhere else, isn't it time for state and federal judges in Arkansas to get cracking and opine that the U.S. Constitution still holds meaning in Arkansas, too?

Tags: , , , ,

Favorite

Speaking of...

Comments (3)

Showing 1-3 of 3

Add a comment

 
Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

Readers also liked…

Most Shared

  • Labor department director inappropriately expensed out-of-state trips, audit finds

    Jones was "Minority Outreach Coordinator" for Hutchinson's 2014 gubernatorial campaign. The governor first named him as policy director before placing him over the labor department instead in Jan. 2015, soon after taking office.
  • Department of Arkansas Heritage archeologist resigns

    Bob Scoggin, 50, the Department of Arkansas Heritage archeologist whose job it was to review the work of agencies, including DAH and the Arkansas Highway and Transportation Department, for possible impacts on historic properties, resigned from the agency on Monday. Multiple sources say Scoggin, whom they describe as an "exemplary" employee who the week before had completed an archeological project on DAH property, was told he would be fired if he did not resign.
  • Forget identity politics

    Amid the climate of disbelief and fear among Democrats following Donald Trump's election, a fascinating debate has broken out about what's called "identity politics" on the left, "political correctness" by the right.
  • Lawsuit filed against ADC officials, prison chaplain convicted of sexual assault at McPherson

    A former inmate who claims she was sexually assaulted over 70 times by former McPherson Womens' Unit chaplain Kenneth Dewitt has filed a federal lawsuit against Dewitt, several staff members at the prison, and officials with the Arkansas Department of Corrections, including former director Ray Hobbs.
  • Lessons from Standing Rock

    A Fayetteville resident joins the 'water protectors' allied against the Dakota Access Pipeline.

Visit Arkansas

Arkansas remembers Pearl Harbor

Arkansas remembers Pearl Harbor

Central Arkansas venues have a full week of commemorative events planned

Most Viewed

  • Rapert compares Bill Clinton to Orval Faubus

    Sen. Jason Rapert (R-Conway)  was on "Capitol View" on KARK, Channel 4, this morning, and among other things that will likely inspire you to yell at your computer screen, he said he expects someone in the legislature to file a bill to do ... something about changing the name of the Bill and Hillary Clinton National Airport.
  • Arkansan of the Year?

    Who should be the Arkansas Times' 2016 Arkansan of the Year? We're taking nominations.
  • The Arkansas legislature, SCOTUS and the 'normalization of influence peddling'

    Lobbyists routinely hosting "planned events" for legislators is insidious exactly because no one involved — neither lobbyists nor legislators — perceive their actions as wrong.
  • Department of Arkansas Heritage archeologist resigns

    Bob Scoggin, 50, the Department of Arkansas Heritage archeologist whose job it was to review the work of agencies, including DAH and the Arkansas Highway and Transportation Department, for possible impacts on historic properties, resigned from the agency on Monday. Multiple sources say Scoggin, whom they describe as an "exemplary" employee who the week before had completed an archeological project on DAH property, was told he would be fired if he did not resign.
  • Democrat Roy Cooper will be NC governor; Pat McCrory concedes at last

    North Carolina voted for Donald Trump but rejected a Republican incumbent governor. Why? It's yet another question to add to the ongoing debate on the left about where to place the blame for the debacle that was the 2016 election.

Most Recent Comments

Blogroll

 

© 2016 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation