Here Comes the Judge!

I have friends who are bothered by the growing (and, even they admit, irreversible) acceptance of Gay Marriage. I suggest that they read some of the courtroom arguments that have been made to try and stop it…and the judicial decisions that have overturned laws against it. The arguments against it have been surprisingly feeble. When California's Proposition 8 was being argued before the court that ultimately ruled against it, the lawyer defending 8 did such a bad job, I'm surprised he didn't get accused of throwing the case.

This week, the 7th circuit struck down gay marriage bans in Indiana and Wisconsin. The three judge panel was unanimous and the opinion was written by Judge Richard Posner. I happen to have read a few of Judge Posner's past opinions and many articles by him and I haven't been impressed. I don't know from all the legal justifications for this or that but when he offered opinions based on sheer logic, I usually thought his logic was faulty…even when it got him to the conclusion that I favored.

Judge Posner was expected to rule against Same-Sex Wedlock. In oral arguments he largely devastated the attorney defending the anti-gay legislation. Slate put some excerpts from this debate online. If you listen to only one, listen to the one entitled "Brief It." The first voice you hear is Posner's.

And then you might want to read his opinion. It's a pretty forceful argument for allowing Gay Marriage. I'd be curious to see what kind of rebuttal someone could possibly make to it.