Mark Joseph Stern reports that Judge Richard Posner’s ruling striking down Indiana’s and Wisconsin’s gay marriage bans is a masterpiece of wit and logic.
… Read the restIronically, by writing an opinion so fixated on the facts at hand, Posner may have actually written the one gay marriage ruling that the Supreme Court takes to heart. Other, more legacy-minded judges have attempted to sketch out a revised framework for constitutional marriage equality, granting gay people heightened judicial scrutiny and declaring marriage a fundamental right. But Posner isn’t interested in making new law: The statutes before him are so irrational, so senseless and unreasonable, that they’re noxious to the U.S. Constitution under almost any interpretation of the equal protection clause.
(This is a syndicated post. Read the original at FreeThoughtBlogs.)