US: Judge compares same-sex marriage bans to laws prohibiting interracial marriage
As attorneys general in both Wisconsin and Indiana appealed to have their same-sex marriage bans reinstated, one judge compared the laws to those which banned interracial marriages.
A three judge panel at the 7th Circuit Court of Appeals in Chicago heard the cases today, despite requests by both states’ attorney generals for a full 10-member court to hear the cases. More than 200 people lined up to see the cases unfold in court today, some as early as 5am.
Judge Richard Posner, who was appointed by President Ronald Reagan, dismissed claims of attempts to protect “tradition” by a Wisconsin Assistant Attorney General.
Posner said: “It was tradition to not allow blacks and whites to marry – a tradition that got swept away”. Same-sex marriage bans are “a tradition of hate … and savage discrimination,” he continued.
The American Civil Liberties Union, (ACLU) in its briefs stated: “The freedom to marry is a core aspect of personal liberty for all Americans.”
The two cases were consolidated after US Circuit Court judge Barbara Crabb struck down Wisconsin’s ban, before staying the ruling pending appeal, and a district court judge in Indiana ruled against the state’s ban.
A full panel could still hear the case, however, as the losing side can still appeal to the full court.
It is unclear when the court will issue a ruling.
