The Seventh Circuit Court of Appeals, which presides over Illinois, Indiana and Wisconsin, declared Aug. 26 that the gay marriage ban in Indiana and Wisconsin is unconstitutional.
We on the Editorial Board are with the thousands of Hoosiers celebrating this decision.
The ban was discriminatory and served no other purpose than to pacify ignorance.
Though a stay on the decision prevents gay marriage from immediately becoming legal in Indiana, the pieces are all in place for the controversy to finally end.
The previous ban affecting thousands of Hoosiers was struck down because Indiana and Wisconsin could give “no reasonable basis” for it — a decision most everyone who isn’t ?prejudiced has already come to.
Justice Richard Posner wrote the decision, which consists mostly of debunking and calling out the prejudices and unsubstantiated soundbites homophobes have been using against same-sex marriage for years.
The state’s main argument claimed the only point of marriage was to prevent unsupported and unexpected pregnancies and was, therefore, ?unnecessary for homosexuals.
This argument hardly makes sense and is, as Posner said, “so full of holes that it cannot be taken seriously,” so it’s no wonder the ban was struck down.
The state has given legal rights and meaning to the institution of marriage beyond the inherently emotional ?implications.
To say marriage is clinical and solely revolves around procreation, making it basically meaningless, is to undermine the struggles of gay people as well as the opposing side’s claim that “?traditional marriage” is in jeopardy.
The next crucial step was taken Sept. 9, when the decision was appealed to the Supreme Court. Ours is one of many states that has appealed gay marriage decisions to the highest court.
The majority of states that have ruled on this controversy are on the same side as Indiana.
Unfortunately, the courts in ?Louisiana swung the other way.
This difference in state-to-state protection of citizens’ rights makes the controversy a national issue, and the intensity with which Americans land on both sides of this topic means it should be resolved sooner rather than later.
The predominantly conservative Supreme Court has been dragging its feet in an understandable effort to not stamp on states’ ability to decide for themselves, but this is not an issue of ?preference.
Thousands of Americans are demanding their rights, even in states not always willing to recognize minorities. The inequality of protection under the law requires the Supreme Court act, and it is only a matter of time.
Hoosiers have won a battle.
Gay couples all over the state will soon have the equal rights they deserve and have fought for.
Hopefully couples all over the country will soon be able to join in the ?celebration.
