Quantcast
Channel: Schmidt Law Services » traditional marriage
Viewing all articles
Browse latest Browse all 2

2 Rulings, 1 Week: A Summary of the Gay Marriage Debate

0
0

7th Circuit, Louisiana rule on gay marriageThe last week has been busy for gay marriage advocates. On Wednesday, September 3, 2014, a federal district court judge in Louisiana became the first since US v. Windsor, to uphold a gay marriage ban. The very next day, the 7th Circuit Court of Appeals struck down Indiana’s and Wisconsin’s bans. The two opinions provide a clear review of the debate.

Louisiana

Judge Martin Feldman of the Eastern District of Louisiana parroted the traditional marriage position in his opinion, upholding the state’s constitutional ban on same-sex marriage. He said that changes to the state’s definition of marriage should be left to the democratic process and refused to recognize gay couples’ fundamental right to marry. Feldman also entertained traditional-marriage advocates’ claims of ongoing scientific dispute:

“The fact that marriage has many differing even perhaps unproved dimensions, does not render Louisiana’s decision irrational. Nor does the opinion of a set of social scientists (ardently disputed by many others, it should be noted) that other forms [of marriage] may be equally stable, or the view that such judgments vilify a group (even though one finds them in a majority of the states, but not in all states).”

This even after Michigan’s Judge Friedman systematically struck down the opposition to such social scientists, ruling the testimony incredible and unbelievable. Judge Feldman betrayed his true feelings on the issue saying that as a result of other federal courts’ rulings:

“[M]arriage will be reduced to contract law, and, by contract, anyone will be able to claim marriage.”

Such a result would cause “inconvenient questions” about laws against marrying children or close relatives. This won’t be the end of the case. In fact, the LGBT petitioners are already planning to appeal.

Indiana and Wisconsin

The 7th Circuit’s decision from September 4, 2014, couldn’t have been more different. Coming just one week after a scathing oral argument, the unanimous opinion reads just like a gay marriage advocate’s brief. It found that there is a long history of discrimination against homosexuals based on the “immutable characteristic” of their sexual orientation. Laws discriminating against gays and lesbians had to be looked at “along suspect lines.” To be upheld, the state must show benefits to society that outweighed the harm to their victims. The states’ reliance on the need to ensure more heterosexual couples were married when they had children didn’t pass that test. Instead the court emphasized the societal and economic harm done to gay couples and their children by prohibiting their marriages, and the mismatch between protecting children and prohibiting gay marriage and allowing infertile marriage.

The comparison of the Louisiana District Court and the 7th Circuit Court’s opinions this week sets out the debate that seems to be inevitably headed back to the Supreme Court. With so many opinions in their favor, gay marriage advocates have reason to be hopeful. But with the Supreme Court, no one can be certain. Do you think the Court will rule in favor of gay marriage? Let us know in the comments.


Viewing all articles
Browse latest Browse all 2

Latest Images

Trending Articles





Latest Images