The linked story from The Slog highlights some of the most intriguing elements of the exchange between the Indiana Attorney General, and the 7th Circuit Appeals Judges. Here’s my favorite quote from the Indiana lawyer:
FISHER: “The question is what can we do to nudge heterosexual couples who may produce children, you know, unintentionally to plan for this—to plan for the consequences and appreciate the consequences of sexual behavior. Those consequences don’t arise with same-sex couples.
In other words, the State of Indiana must control marriage, because if they didn’t, heterosexuals will have sex and make babies by mistake. Since same-sex couples don’t make babies by mistake, they don’t need to get married?
But, in Indiana, allows some incestuous heater marriages where no children are going to be made, by mistake or otherwise. 2nd cousins over the age of 65 can legally marry. So marriage is to nudge irresponsible heterosexuals except when they are related and over 65, but Indiana cannot allow a same-sex couple to marry?
Most anti-gay marriage groups use fear mongering to justify their discrimination by talking about the children- that children must have a mother and a father! But not Indiana! Gay couples can adopt children in Indiana, and the State of Indiana believes they can be just as good parents as a straight couple. But a gay couple can’t get married? It is OK, for the children of the gay couple to be disadvantaged compared to children of the the straight couple.
This Attorney General, who is arguing for Indiana’s ban on same-sex marriage.
JUDGE WILLIAMS: “Wouldn’t you agree that marriage is not just about having children, but about raising children? You agree that there are two components?”
FISHER: “Oh, yes.”
JUDGE WILLIAMS: “Okay, then are you saying same-sex couples cannot successfully raise children?
FISHER: “Absolutely not.”
JUDGE WILLIAMS: “Well, if Indiana’s law is about successfully raising children and you agree same-sex couples can successfully raise children, why shouldn’t the ban lifted as to them?”
If this is the best argument the State of Indiana has to offer, I think we can expect the path to marriage equality will be short and easy.
The audio from the entire questioning is here, and it is worth a listen!