The same-sex marriage bans in Wisconsin and Indiana have been ruled by a U.S. appeals court in Chicago to be violative of the U.S. Constitution on Thursday. These decisions increased the number of states permitting gay marriage from 19 to 21.

The three members of the U.S. 7th Circuit Court of Appeals panel have set forth a unanimous decision regarding the same-sex marriage case. These federal rulings joined the increasing number courtroom victories attained by gay marriage advocates. Rulings declaring the unconstitutionality of the same-sex marriage bans among states in the US have constituted the vast majority of decisions released by courts since the previous year.

Like Us on Facebook

The Wisconsin and Indiana gay marriage ban cases brought to the appellate court stemmed from the appeals submitted by attorneys general in connection with the lower court rulings in June, which declared the prohibitions unconstitutional. In the decision laid down by the members of the 7th Circuit Court of Appeals, the panel of judges echoed the validity and correctness of the lower courts. The cases were said to have been deliberated simultaneously.

In 2006, a constitutional amendment ratified by voters banned same-sex marriage in Wisconsin. In Indiana, a state law was implemented to bar this type of matrimonial union. Both states refused to recognize gay marriages performed in other states. Court documents reveal that lawyers for Wisconsin and Indiana claimed that no provision in the U.S. Constitution disallows them from carrying out the bans. In response, same-sex marriage proponents asserted that the both states violated the equal protection guarantees.

In a presentation of arguments before the appellate court in August, Judge Richard Posner, a Republican appointee, pointed out the similarities of the same-sex marriage bans with that of the outdated and obsolete restrictions against interracial marriage. Posner stated that the reasons behind these kinds of prohibitions emanate from "hate" and "savage discrimination" of homosexuals.

On the other hand, the attorneys general contended that the bans on gay marriage are rooted on the need to protect the centuries-old principles and tradition of marriage between men and women. In addition, opponents of same-sex marriage explained that the restrictions allow for the institution of marriage to serve as a tool for the society in its aim of preventing pregnancies out of wedlock.

In an almost unconcealed exasperation directed against Wisconsin Assistant Attorney General Timothy Samuelson, Posner expressed disagreement on the former's insistence that preservation of tradition is sufficient justification for the ban. Furthermore, the acutely critical manner exhibited by Posner and the other judges during the oral arguments held on August 26 was said to have been indicative of the panel's inclination towards the same-sex marriage advocates.

Lawyers for Wisconsin and Indiana could submit the case for appeal to the U.S. Supreme Court. However, no guarantee is given on whether the cases will be accepted for deliberation.

Tagssame sex marriage, gay marriage, Wisconsin, Indiana, Chicago, U.S. 7th Court of Appeals, Judge Richard Posner, homosexuals, Timothy Samuelson