« Ind. Decisions - 7th Circuit decides a third Indiana case today, this one a reversal | Main | Ind. Decisions - Reminder: Elkhart 4 felony-murder convictions to be focus of ABC's Nightline Prime on Saturday »

Friday, July 25, 2014

Ind. Decisions - "Legal briefs filed in Indiana and Wisconsin cases are majority anti-gay"

That is the headline from PinkNews, identified as "Europe's largest gay news service." Some quotes:

Marriage equality opponents have filed legal briefs citing everything from political theory to social stability to biblical text in the federal court cases concerning Indiana and Wisconsin’s same-sex marriage bans.

Of the almost 20 legal briefs filed, almost all supported Indiana and Wisconsin in appealing the overturning of same-sex marriage bans in the states.

One brief was filed Monday by the attorneys generals of Colorado, Alabama, Alaska, Arizona, Idaho, Louisiana, Oklahoma, South Carolina, South Dakota, and Utah.

They argue the issue of same-sex marriage should be left to the people, not to the courts. * * *

Several religious groups filed a brief Tuesday stating: “Marriage has its origin, not in the will of any particular people, religion, or state, but rather, in the nature of the human person, created by God as male and female.

“If pursued consistently, a policy of voiding laws when they reflect controversial religious or moral judgments would mean the end of representative government as we know it.”

On Wednesday, Wisconsin’s Attorney General filed a legal brief in which he compared same-sex marriage to abortion, arguing there is no fundamental right to either and calling state laws defining marriage as between one man and one woman “reasonable.”

Other briefs filed include those by individuals, interest groups, and a group of five social science professors who say studies that defend same-sex parenting are flawed.

This AP story from Thursday is headed "Briefs piling up in gay marriage rulings appeal." Some quotes:
INDIANAPOLIS (AP) — Opponents of same-sex marriage cited political theory, social stability and even biblical text in legal briefs filed this week in federal court, where Indiana and Wisconsin are appealing rulings that overthrew their bans on gay weddings.

At least 20 briefs have been filed in the case that's currently before the 7th U.S. Circuit Court of Appeals, including several filed Wednesday. Virtually all of the briefs stand up for the states. * * *

A brief filed Tuesday by the United States Conference of Catholic Bishops, the National Association of Evangelicals, The Church of Jesus Christ of Latter-day Saints, The Ethics and Religious Liberty Commission of the Southern Baptist Convention, and The Lutheran Church's Missouri Synod cites both the Old Testament and the New Testament to back up its argument.

"Marriage has its origin, not in the will of any particular people, religion, or state, but rather, in the nature of the human person, created by God as male and female," the churches wrote. * * *

Among the other briefs filed in the case were briefs by special interest groups, individuals, and a group of five social science professors who claim that psychological studies validating gay parenting are flawed.

See also this ILB post from July 23rd, noting about the 10 states' amicus brief: "These are many of the same 10 states that have signed on to the numerous amicus briefs authored in Indiana and filed by Attorney General Zoeller on behalf of the citizens of the State of Indiana in same-sex marriage cases throughout the country."

You can access all the amicus briefs here
, at the website of one of the attorneys representing plaintiffs in one of the three Indiana same-sex marriage cases pending before the 7th Circuit.

Posted by Marcia Oddi on July 25, 2014 02:29 PM
Posted to Ind. (7th Cir.) Decisions