The oral arguments in the Seventh Circuit case involving the marriage statutes in Indiana and Wisconsin sounds like they were extremely uncomfortable for those states’ attorneys general. In a way, I feel bad for the two attorneys who had to argue the case, but then again, they were trying to steer an obviously sinking ship. Ed Brayton posted some highlights from the hearing. This bit between the judges and Indiana Solicitor General Thomas Fisher seems like the trial advocacy equivalent of being rapped on the hand with a ruler:

JUDGE POSNER: “You allow the homosexual couples to adopt. Why don’t you want their children to have the same advantages as children adopted by heterosexual couples?”

FISHER: “The question is what can we do to nudge heterosexual couples who may produce children, you know, unintentionally to plan for this—to plan for the consequences and appreciate the consequences of sexual behavior. Those consequences don’t arise with same-sex couples. It’s not in the context of adoption that marriage—”

JUDGE POSNER: “But you’re not answering my question. You’ve got millions of adopted children, and a lot of them—200,000 or more—are adopted by same-sex couples. Why don’t you want their children to be as well off as the adopted children of heterosexual couples?” Continue reading →