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

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: , , , ,

From the ArkTimes store

Favorite

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

  • Sunday and another open line

    Got anything for the open line?
    • Jul 23, 2017
  • But what about the Clintons? Last refuge of Trump, New York Times

    Trying to compare Donald Trump's reaction to the Russia investigation with Bill Clinton's dealings with Kenneth Starr should be a non-starter if the facts mattered. But these days — and to the New York Times — it ain't necessarily so.
    • Jul 23, 2017
  • Football is king, Bentonville edition

    Good analysis in the Northwest Arkansas Democrat-Gazette of an unannounced Bentonville School Board vote last week to put $2 million into a football stadium for West High School despite board assurances in last May's tax election that no money would go to a football stadium.
    • Jul 23, 2017
  • More »

Readers also liked…

  • Federal judge wants John Goodson to explain class action maneuvering

    A show-cause order filed Monday by federal Judge P.K. Holmes of Fort Smith indicates class action attorney John Goodson has some explaining to do about the move of a class action complaint against an insurance company from federal to state court with an instant pre-packaged settlement that has been criticized as a windfall for Goodson.
    • Dec 22, 2015
  • Hospitality, restaurant groups oppose bathroom bill

    Add the restaurant and hospitality association to those opposed to Sen. Linda Collins-Smith's bill to keep transgender people out of public restrooms that match their gender identity.
    • Mar 16, 2017
  • Jason Rapert vs. Wikipedia

    Sen. Jason Rapert against the world: Wikipedia edition.
    • Jan 23, 2016

Most Shared

  • Football for UA Little Rock

    Andrew Rogerson, the new chancellor at UA Little Rock, has decided to study the cost of starting a major college football team on campus (plus a marching band). Technically, it would be a revival of football, dropped more than 60 years ago when the school was a junior college.
  • Turn to baseball

    When the world threatens to get you down, there is always baseball — an absorbing refuge, an alternate reality entirely unto itself.

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation