The 7th Circuit Court of appeals does not have a timeline on when it will rule in the lawsuits again Indiana and Wisconsin’s same-sex marriage bans.
A three-judge panel heard oral arguments Tuesday.
The appeals court judges kept attorneys on both sides on their toes with questions throughout the arguments.
Indiana Solicitor General Thomas Fisher was only a few sentences in when Judge Richard Posner started asking questions.
The state’s argument largely lies in the idea that Indiana has an interest in regulating procreation through marriage.
Posner pointed out that same-sex couples in Indiana are allowed to adopt children but not marry, and he posited a situation in which a child of a same-sex couple is worried that his family's life is different from that of his classmates.
POSNER: Which do you think is better for the psychological health and the welfare of this child? To have the married same-sex couple or the unmarried?
FISHER: Your Honor, I don’t feel like it’s my job to answer that question. That is for the Indiana legislature.
POSNER: Well, I’m asking you. Do you have an opinion? Now you may say—
FISHER: No, I do not.
POSNER: It’s a matter of indifference to you.
FISHER: No. It’s—
The ACLU and Lambda Legal argued on behalf of the same-sex couples—saying being able to choose whom you marry is a fundamental right. Judge Anne Claire Williams asked if same-sex marriage was allowed, could the state continue to ban other marriages such as those between first cousins or polygamous relationships.
The Lambda Legal attorney said in those cases the state would be able to do so if it could prove a valid state interest in doing so.