It sounds like the enemies of gay marriage did not particularly enjoy their oral argument at the 7th Circuit today. As could be expected, when the only Republican appointee on their panel was Judge Posner:
Judge Richard Posner, who was appointed by President Ronald Reagan, was dismissive when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to `tradition’ as the underlying justification for barring gay marriage.
“It was tradition to not allow blacks and whites to marry – a tradition that got swept away,” Posner said. Prohibition of same sex marriage, he said, is “a tradition of hate … and savage discrimination.”
Posner frequently cut off Indiana Solicitor General Thomas Fischer, just moments into his presentation and chided him to answer his questions.
At one point, Posner ran through a list of psychological strains of [children of] unmarried same-sex couples, including 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 damage to children?”
The answer has to do with “procreation,” Fisher answered.
“All this is a reflection of biology,” Fisher said. “Men and women make babies, same-sex couples do not… we have to have a mechanism to regulate that, and marriage is that mechanism.”
Makes no sense, but then, there aren’t any very sensible arguments. I guess we now have creationists and procreationists.
I liked how the article ends.
There was some levity during the hearing. As Samuelson struggled to offer a specific reason for how gay marriage bans benefit society, he suddenly noted a yellow courtroom light signaling his allotted time was up.
“It won’t save you,” [Judge] Williams told him, prompting laughter in court.
Samuleson smiled, and said: “it was worth a try.”
Not “saved by the light.”
… @ChrisGeidner on Twitter: “Y’all. I’ve seen 10 federal appellate arguments over marriage, and I ain’t seen nothing like today.” He writes at Buzzfeed (below the fold):