home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Social Sciences
Stonewall Riots Stonewall Riots
The confrontations between police and demonstrators at the Stonewall Inn in New York City the weekend of June 27-29, 1969 mark the beginning of the modern glbtq movement for equal rights.
 
Gay Liberation Front
Formed soon after the Stonewall Riots of 1969, the short-lived but influential Gay Liberation Front brought a new militancy to the movement that became known as gay liberation.
 
The Sexual Revolution, 1960-1980 The Sexual Revolution, 1960-1980
The sexual revolution of post-World War II America changed sexual and gender roles profoundly.
 
Leather Culture
"Leather" is a blanket term for a large array of sexual preferences, identities, relationship structures, and social organizations loosely tied together by the thread of what is conventionally understood as sadomasochistic sex.
 
Anthony, Susan B. Anthony, Susan B.
Although best known for her crusade for women's suffrage, Susan B. Anthony spoke out on a range of feminist issues.
 
Africa: Sub-Saharan, Pre-Independence
With reports from hundreds of sub-Saharan African locales of male-male sexual relations and from about fifty of female-female sexual relations, it is clear that same-sex sexual relations existed in traditional African societies, though varying in forms and in the degree of public acceptance
 
Androgyny Androgyny
Androgyny, a psychological blending of gender traits, has long been embraced by strong women, soft men, members of queer communities, and others who do not easily fit into traditionally defined gender categories.
 
Russia
A cultural crossroads between Asia and Europe, Russia has a long, rich, and often violent heritage of varied influences and stark confrontations in regard to its patterns of same-sex love.
 
Topics In the News
 
U.S. Court of Appeals for the Seventh Circuit Hears Indiana and Wisconsin Marriage Equality Cases
Posted by: Claude J. Summers on 08/26/14
Last updated on: 08/27/14
 
Bookmark and Share

On August 26, 2014, a three judge panel of the U.S. Court of Appeals for the Seventh Circuit heard arguments in the Indiana and Wisconsin marriage equality cases. The panel, consisting of Judges Richard Posner, Ann Claire Williams, and David Hamilton, openly expressed skepticism concerning the justifications for the states' bans on same-sex marriage proffered by the defendants. There is little question that the panel will unanimously uphold the district court decisions that struck down the same-sex marriage bans as unconstitutional.

Although the Seventh Circuit is a conservative Court, with a large preponderance of Republican-appointed judges, the panel that heard the case included a Reagan appointee (Posner), a Clinton appointee (Williams), and an Obama appointee (Hamilton). Posner is regarded as one of the leading conservative jurists in the nation, while Williams is considered a leading liberal jurist, but all three members of the panel seemed united in the belief that Indiana's and Wisconsin's bans on same-sex marriage are unconstitutional.

As Chris Geidner of BuzzFeed observed, "In the most lopsided arguments over marriage bans at a federal appeals court this year, the 7th Circuit Court of Appeals judges clearly were ready to strike down the bans--with the only real question being what reasoning they will use to do so."

From the very beginning of the session, in which the Court heard arguments in the Indiana case, Baskin v. Bogan, and then the Wisconsin case, Wolf v. Walker, the judges greeted the justifications for the bans offered by the attorneys for the states with incredulity, sometimes even scorn. The judges referred to the arguments of the attorneys for the state with such terms as "absurd," "ridiculous," and "pathetic."

The questions posed by Judge Posner frequently focused on the affect of the bans on the children of same-sex couples and on the disconnect between the stated purpose of encouraging "responsible procreation" and the negative consequences of excluding same-sex couples from marriage. At one point, Posner asked Indiana Solicitor General Thomas Fisher, "Why do you prefer heterosexual adoption to homosexual adoption?" He stated, "You want [the children of same-sex couples] to be worse off."

Posner rehearsed some of the psychological damage to children whose parents are not allowed to marry. "What horrible stuff," he said, and pressed a tongue-tied Fisher to say what benefits to society does banning same-sex marriage justify "that kind of damage to children?"

Wisconsin Assistant Attorney General Timothy Samuelson was often unable to answer the questions he was peppered with by the judges. When he fell back on "tradition" and "legislative discretion," Posner openly mocked him.

"How can tradition be the reason?" he asked, and said, "we've been doing a stupid thing" cannot justify discrimination. "It was tradition to not allow blacks and whites to marry--a tradition that got swept away," Posner said, and added that prohibition of same sex marriage is "a tradition of hate . . . and savage discrimination."

In contrast to the hostile reception that greeted the attorneys for the state, the lawyers representing the same-sex couples were treated gently. There were some questions about polygamy and some parrying about the level of scrutiny that should be accorded claims of discrimination on the basis of sexual orientation.

But the judges seemed of one mind that the Indiana and Wisconsin bans violate the constitutional guarantee of equal protection of the laws.

As Geidner observes, "The only question in the hearing Tuesday was whether the bans also violated due-process guarantees because marriage is a fundamental right."

The argument in Baskin v. Bogan may be heard here.

The argument in Wolf v. Walker may be here here.

In the video below, some of the plaintiffs in the cases heard at the Seventh Circuit Court of Appeals speak at a rally in Chicago's Federal Plaza on August 25, 2014.

 
Related Encyclopedia Entries
 
browse:   arts   literature   social-sciences   discussion boards
 
learn more about glbtq       contact us       advertise on glbtq.com
 
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2014, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.