Friday, September 5, 2014

Posnered: the 7th circuit speaks

In a unanimous decision, the 7th Circuit Court of Appeal found that the marriage bans in Wisconsin and Indiana are unconstitutional.  What everyone is talking about is the scathing opinion by Judge Posner, a Reagan appointee who is widely considered to be one of the most influential living jurists.  From the opinion, summarizing the states' argument:
Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry. Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure.
From Slate,  an analysis,
There is simply no harm, Posner writes, “tangible, secular, material—physical or financial, or … focused and direct” done to anybody by permitting gay marriage. Conservative Christians may be offended, but “there is no way they are going to be hurt by it in a way that the law would take cognizance of.” A lot of people, after all, objected to interracial marriage in 1967—but that didn’t stop the court from invalidating anti-miscegenation laws inLoving v. Virginia.

In his opinion, Posner makes these points with trenchant humor. But beneath his droll wit lies a moral seriousness that gay marriage opponents, even those on the high court, will be unable to shrug off. The modern arguments against gay marriage may be breathtakingly silly—but by mocking them, we ignore the profound harms that marriage bans inflict on gay people and their families. By placing these families at the center of his analysis, Posner restores the equal protection clause to its rightful place as the safeguard for all whom the state seeks to harm unjustly. His message for those who hope to demean gay people and their children is clear: Not on my watch.

From Twitter, the neologism Posnered, meaning to reduce an argument to rubble.

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