Tennessee's appeals on the same-sex marriage issue were heard a few weeks ago and Wisconsin and Indiana's appeals were up on Tuesday.
By all accounts, it was a brutal day for the anti-marriage equality crowd. The judge who put those states' bans on same-sex-marriage to the sword was Richard Posner, a Reagan appointee and conservative who had no use for the arguments in favor of keeping the bans in place.
Samuelson [state's counsel]: Well, we have, uh, the Burkean argument, that it’s reasonable and rational to proceed slowly.
Posner: That’s the tradition argument. It’s feeble! Look, they could have trotted out Edmund Burke in the Loving case. What’s the difference? [Note: Loving v. Virginia was a 1967 decision striking down bans on interracial marriage] . . . There was a tradition of not allowing black and whites, and, actually, other interracial couples from marrying. It was a tradition. It got swept aside. Why is this tradition better?
Samuelson: The tradition is based on experience. And it’s the tradition of western culture.
Posner: What experience! It’s based on hate, isn’t it?
Slate has compiled a series of Soundcloud clips from the proceedings and if you want to hear what happens when you take a bad argument into a hostile court, take a listen.
Here's a sample: