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Justifications for same-sex marriage ban questioned by judges

In the not too distant future, it is expected that the U.S. Supreme Court will examine the issue of same-sex marriage due to a number of cases headed its way. If recent proceedings held in Illinois are any indication, there may be good news in the offing for those who wish to see a revocation of laws preventing same-sex couples from marrying.

At the 7th U.S. Circuit Court of Appeals in Chicago, a three-judge panel heard arguments in defense of the ban on gay marriage. Attorney’s from Indiana and Wisconsin presented their sides as to why the ban was in place in those states.

Of special concern to one of the judges was the effect the gay marriage ban may have on the children of same-sex couples. The judge asked the representative from Indiana why these children should be denied having parents who are legally married.

The Indiana representative defended his stance in favor of the ban by drawing an association between the institution of marriage and the act of procreation. The representative from Wisconsin expressed his belief that the so-called “tradition” of marriage was justification for upholding the ban. The judges repeatedly questioned the validity of both of these perspectives.

The appellate court’s decision is still pending regarding the status of the ban on same-sex marriage in Wisconsin and Indiana. Maybe this hearing will eventually prove to be a steppingstone toward allowing same-sex couples to marry in all states. Were this to happen, many legal issues would finally be resolved.

One of the thorniest issues at present is that same-sex couples who marry in a state where the ban does not exist cannot get divorced in a state, such as Texas, where it does. If you and your spouse are in such a situation, you may find that the best course of action is to consult with an attorney who is familiar with the complications you are facing.

Source: Chicago Tribune, “Judges ask pointed questions about same-sex marriage bans in Wis., Ind.,” Anne Sweeney, Meredith Rodriguez, Aug. 26, 2014

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