Judge Richard Posner
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Meet Judge Richard Posner of the 7th Circuit Court in Chicago.
On Tuesday, Judge Posner heard arguments against marriage equality Lawyers for Wisconsin and Indiana attempted to defend their state’s marriage bans. In a series of retorts, the judge slapped down arguments for continuing the ban.
Judge Posner harshly questioned Indiana Solicitor General Thomas M. Fisher and in many instances the solicitor was left with no answer.
He asked Fisher if gay marriage isn’t “better for the psychological health or the welfare” of gay people’s kids? Fisher gave a noncommittal answer.
He asked “Why do you prefer heterosexual adoption to homosexual adoption?”, Fisher again struggled to respond.
He then asks why Indiana wants to “punish children” because “their parents happen to be homosexual.”
Adding: “Isn’t it much better for kids to be adopted? But if you allow same-sex marriage, you’re going to have more adopters, right? … You should be wanting to enlist people as adopters.”
Posner then asked Wisconsin Assistant Attorney General Timothy Samuelson why Wisconsin doesn’t permit joint adoption by same-sex couples.
Samuelson stated that Wisconsin’s tradition of allowing only opposite-sex marriage is a rational basis for barring same-sex couples from the institution.
Posner asked Samuelson to identify a single rational basis for his state’s anti-gay marriage law.
When Samuelson claimed that “society” is helped by gay marriage bans, Posner replied
“How is it being helped? You’re not trying to force homosexuals into heterosexual marriage. So what is the harm of allowing these people to marry? Does it hurt heterosexual marriage? Does it hurt children?”
Listen to a Conservative Judge Brutally Destroy Arguments Against Gay Marriage (Mark Joseph Stern, Slate)