Seventh Circuit strikes down Indiana and Wisconsin marriage bans

Posted on 04 Sep 2014 at 2:54pm
Judge Richard Posner

Judge Richard Posner

The losing streak ends at 1 loss.

A day after a Louisiana judge upheld a state marriage ban for the first time since the Windsor decision, the Seventh Circuit Court of Appeals in Chicago ruled in favor of the freedom to marry in Wisconsin and Indiana, upholding lower-court decisions. Judge Richard Posner wrote the marriage bans are a violation of the Constitution’s guarantee of equal protection. The three-judge panel’s decision was unanimous.

The judge involved in yesterday’s decision in Lousiana and the judge who wrote today’s decisions were both Reagan appointees.

Evan Wolfson, president of Freedom to Marry, wrote, “Today’s sharp and scathing ruling demolishes the arguments and unsubstantiated claims made by opponents of the freedom to marry, repeated in the outlier decision out of Louisiana yesterday, and affirms what nearly 40 other federal and state courts have found: the denial of the freedom to marry inflicts real harms and is constitutionally indefensible.”

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