Same-sex marriage in appellate court

first_imgPASADENA – A lawyer for a gay couple suing for the right to wed told a federal appeals court Tuesday that it’s unconstitutional to prevent same-sex marriage, but one judge appeared unmoved and two others said the case could die on procedural grounds. “Everything that is wrong is not discrimination,” said Judge Jerome Farris, part of a three-judge panel of the 9th U.S. Circuit Court of Appeals. The case was brought by two gay men who sued after being denied a marriage license in Orange County. They claim California’s ban on same-sex marriage and federal laws against it are unconstitutional because gays and lesbians are treated differently than heterosexuals. U.S. District Judge Gary Taylor last year ruled against the pair – Arthur Smelt and Christopher Hammer, both 46, of Mission Viejo. They appealed. Taylor ruled that the law “has a disproportionate effect on homosexual individuals,” but said the government’s desire to promote procreation is a valid reason for infringing on the rights of gays. Farris agreed with that assertion. “I think marriage is a bundle of sticks and sticks include procreation,” Farris said. Richard Gilbert, the gay couple’s attorney, said procreation is not the important element of marriage and Judge Sidney Thomas appeared to agree. “I don’t understand, really, the procreation argument,” Thomas said. After the hearing, Hammer said he would prevail all the way to the Supreme Court “if they acknowledge that we are human.” Still, the heavyweights of the same-sex marriage movement aren’t supporting the case but are backing instead campaigns in the state courts of California, Iowa, Washington, New Jersey, New York and elsewhere. AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREOregon Ducks football players get stuck on Disney ride during Rose Bowl event160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img

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