Same-Sex Marriage Bans in Wisconsin, Indiana Unconstitutional: Appeals Court

Adding to a series of courtroom victories for gay-marriage supporters, a federal appeals court in Chicago ruled Thursday that same-sex marriage bans in Wisconsin and Indiana are unconstitutional.

Confirming lower-court decisions that reversed marriage restrictions in the two states, a three-judge panel of the United States Court of Appeals for the Seventh Circuit unanimously declared its judgement, saying, "The grounds advanced by Indiana and Wisconsin for their discriminatory policies are not only conjectural; they are totally implausible," The New York Times reports.

The judge panel included Circuit Judge Richard Posner - chosen by President Ronald Reagan for the bench, Ann Claire Williams - nominated by President Bill Clinton, and David Hamilton - appointed by President Barack Obama, The Washington Post reports.

The 40-page ruling further criticized the reasons the two states had given for the bans. It stated: "The only rationale that the states put forth with any conviction - that same-sex couples and their children don't need marriage because same-sex couples can't produce children, intended or unintended - is so full of holes that it cannot be taken seriously."

The judgement was written by Circuit Judge Richard Posner, who is considered one of the most influential jurists, known for his "tart words and independent thought".

Both the states protested against this decision, arguing that their voters have the right to continue policies that are based on centuries of tradition. To this, Judge Posner wrote that traditions can be harmful like foot-binding, or innocuous like handshaking. He added that if a tradition is "written into law and it discriminates against a number of people and does them harm, it is not just a harmless anachronism; it is a violation of the equal protection clause."

The ruling adds to a long list of cases relating to same-sex marriages that could end up before the Supreme Court by the end of the year. If approved, gay marriages will be made legal in 19 or 20 states, Associated Press states, The Blaze reports.