Is There Any Rational Case for Banning Same Sex Marriage?

September 22, 2014

On Wednesday, September 3rd, 2014, Federal Judge Martin Feldman affirmed a state ban on same-sex marriage in Louisiana. The next day circuit court appellate judge, Richard Posner, struck down similar bans in Wisconsin and Indiana. Interestingly enough, Posner’s decision and accompanying opinion decimated the rationale that the Louisiana judge leaned on so heavily.

Here’s a brief synopsis of the arguments and questions raised by those who want bans on same-sex marriage and Posner’s responses to them:

“Procreation”? Inconsistent.

“Tradition”? Insufficient for legal protection.

“Caution in social change”? Prejudice.

“Protection of traditional marriage”? There is no evidence that heterosexual marriages have been harmed by same-sex marriage.

“Democratic process”? The will of (certain) people cannot overturn constitutional law.

Such court cases and appeals are not over, but thus far, arguments of opponents of same sex marriage have yet to present a case that can survive rational assessment and critical scrutiny.

This isn’t finished, Louisiana.

Read Garrett Epps’ assessment of Posner’s decision here.

posted by Corbin Lambeth

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