I need to write a love letter.....
Sep. 5th, 2014 09:43 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
osodecanelaTo Judge Posner!
I'll make this brief as I'm away for a continuing education conference. If you haven't yet heard, the 7th circuit federal court of appeals handed down their ruling upholding the district federal courts in Wisconsin and Indiana that overturned marriage bans for same sex couples in those respective states. It was a unanimous decision from this 3 judge panel.
The opinion written by Posner, a more conservative Reagan appointee, is absolutely blistering of the positions taken by attorneys general of the two states in the defense of those overturned bans. I understand most of you reading this are not legal eagles. IANAL (I am not a lawyer!) either, but in reading Posner's ruling for the court, it's both an understandable and, dare I say, entertaining read. Further, the speed with which this opinion was rendered after the trial just a few weeks ago, is nothing short of amazing.
This was certainly sweet, given the first loss at the federal level our community had since Windsor in New Orleans the beginning of the week. Hopefully, Posner's opinion will have some influence on Judge Sutton, et al., who're still working on the rulings in the 4 ME cases heard this summer in the 6th circuit (Michigan, Ohio, Kentucky & Tennessee).
So, keep your eyes on the 9th next Monday. Idaho and finally, Nevada are coming up on appeal. Remember, the 9th, post their decision in Smith Kline French is already working at a higher level of scrutiny, which gives us a leg up over circuits that are still holding to rational basis (like Feldman held in Louisiana the beginning of the week).
I'll make this brief as I'm away for a continuing education conference. If you haven't yet heard, the 7th circuit federal court of appeals handed down their ruling upholding the district federal courts in Wisconsin and Indiana that overturned marriage bans for same sex couples in those respective states. It was a unanimous decision from this 3 judge panel.
The opinion written by Posner, a more conservative Reagan appointee, is absolutely blistering of the positions taken by attorneys general of the two states in the defense of those overturned bans. I understand most of you reading this are not legal eagles. IANAL (I am not a lawyer!) either, but in reading Posner's ruling for the court, it's both an understandable and, dare I say, entertaining read. Further, the speed with which this opinion was rendered after the trial just a few weeks ago, is nothing short of amazing.
This was certainly sweet, given the first loss at the federal level our community had since Windsor in New Orleans the beginning of the week. Hopefully, Posner's opinion will have some influence on Judge Sutton, et al., who're still working on the rulings in the 4 ME cases heard this summer in the 6th circuit (Michigan, Ohio, Kentucky & Tennessee).
So, keep your eyes on the 9th next Monday. Idaho and finally, Nevada are coming up on appeal. Remember, the 9th, post their decision in Smith Kline French is already working at a higher level of scrutiny, which gives us a leg up over circuits that are still holding to rational basis (like Feldman held in Louisiana the beginning of the week).
