Laws prohibiting same-sex marriage deserve to get “shredded” in court, and Judge Posner did a masterful job of doing the shredding. I suppose that he was helped by the fact that counsel arguing on behalf of the Indiana and Wisconsin laws also did a masterful job of allowing themselves to be shredded by the judge. Amazingly enough–or, perhaps not–the lawyers were not even prepared to lend anything resembling substantive support to their claims that same-sex marriage somehow “devalue” heterosexual marriage, or that children of a same-sex couple would not be better off if their parents could marry, or what “harmful consequences” might arise from permitting same-sex marriage to be legal. Professor Dale Carpenter, whose blog post I linked to, sums up the situation nicely with the following:
In many ways, the oral argument encapsulated the 25-year debate over same-sex marriage, in which opponents have failed to come up with…
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Utopia, you are standing in it! 
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