US: Legal briefs filed in Indiana and Wisconsin cases are majority anti-gay

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Marriage equality opponents have filed legal briefs citing everything from political theory to social stability to biblical text in the federal court cases concerning Indiana and Wisconsin’s same-sex marriage bans.

Of the almost 20 legal briefs filed, almost all supported Indiana and Wisconsin in appealing the overturning of same-sex marriage bans in the states.

One brief was filed Monday by the attorneys generals of Colorado, Alabama, Alaska, Arizona, Idaho, Louisiana, Oklahoma, South Carolina, South Dakota, and Utah.

They argue the issue of same-sex marriage should be left to the people, not to the courts.

The 42-page brief said: “The recognition and acceptance of same-sex marriage cannot be forced upon a State by a judge, but will require convincing fellow citizens of the justness of the cause in the proper forum for this dispute – homes, families, coffee shops, schools, churches, towns, legislatures, and campaigns.”

Several religious groups filed a brief Tuesday stating: “Marriage has its origin, not in the will of any particular people, religion, or state, but rather, in the nature of the human person, created by God as male and female.

“If pursued consistently, a policy of voiding laws when they reflect controversial religious or moral judgments would mean the end of representative government as we know it.”

On Wednesday, Wisconsin’s Attorney General filed a legal brief in which he compared same-sex marriage to abortion, arguing there is no fundamental right to either and calling state laws defining marriage as between one man and one woman “reasonable.”

Other briefs filed include those by individuals, interest groups, and a group of five social science professors who say studies that defend same-sex parenting are flawed.

Appeals from both Indiana and Wisconsin were combined and fast-tracked earlier this month by the US 7th Circuit Court of Appeals.

US District Judge Barbara Crabb struck down Wisconsin’s same-sex marriage ban on 7 June, while Judge Richard Young declared the Indiana Defence of Marriage Act unconstitutional on 25 June.

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