As they might say in Hogwarts, award of 3 points to the Attorneys for Indiana and Wisconsin for bring a new argument against gay marriage to the Superior Court of the Unites States (District of the 7th). LINK
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And a deduction of 300 points for an asinine new argument against gay marriage.
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I trust you are all dying to know what the argument is, aren’t you? Well, according the Attorney General of Indiana, the State of Indiana believes that marriage is necessary because drunk and stupid straight people can have sex and accidentally have kids. Marriage forces those self-same drunken parents to stay together and raise the children. Or, more accurately incentives them (i.e. bribes them) to stay married. Gay people, on the other hand, have to plan ahead to have kids and so don’t need the incentive of marriage in orderto raise them.
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The judges questioned them about this particular line of "reasoning". First, one postulated, "Wouldn't be a simpler solution to outlaw all fornication?" Posner, the Reagan appointed Judge, then questioned them about adoption and kids and their whole argument before dismissing the argument out of hand.
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The Wisconsin Attorney General didn’t do all that much better. He feel back on Tradition in the US Law and Democratic Process. Both of which he then implicitly invalidated that self-same argument, with the acceptance and approval of the result of Loving v. Virginia as precedent.
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I don’t normally comment on Gay Marriage cases anymore (don’t teach a pig to sing), but I did lurve the Indiana Attorney General’s argument.