Thursday, September 04, 2014

Federal judge in Louisiana breaks "win streak" on gay marriage with old-fashioned arguments; a win in the 7th Circuit

There’s a lot of outrage on the web over the first “loss” in the state gay marriage battles at the federal district court level, as district judge Martin Feldman upheld Louisiana’s “ban” yesterday.  This was the first “defeat” after a winning streak.  Sounds like baseball, doesn’t it. 
The Huffington Post has a column by Paige Lavender here.  She starts out by challenging Feldman’s assertion that being gay is a “choice”. She also challenges Feldman’s historical contention that gay marriage had been “inconceivable” until recently.
Ian Millhiser has a similar story on Think Progress, link here.  The judge also challenged the idea that marriage is a “fundamental right” outside the idea of marrying a consenting partner of the opposite sex when a procreative event is possible.  We’ve heard all this before.  At the very least, marriage is possible with opposite sex couples where both partners are sterile or where the female is past menopause.
In Chapter 5 of my first “DADT” book, I had proposed that a relationship could be recognized when it supports a dependent, which could include an unborn child.  It’s the actual presence (not just the potentiality) of children or legitimate dependents that seemed related to social responsibility and common good, it seemed.  

Update: Later Thursday

Seventh Circuit rejects gay marriage bans in Wisconsin, Indiana.  Lambda Legal has copy of opinion here

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