This past August, Judge David F. Hamilton of the U.S. Court of Appeals for the 7th Circuit heard arguments from Indiana and Wisconsin defending their states' bans on same-sex marriage.
Solicitor General Thomas Fisher of Indiana argued that "Men and women make babies, same-sex couples do not...we have to have a mechanism to regulate that, and marriage is that mechanism." Wisconsin assistant attorney general Timothy Samuelson echoed that argument saying regulating marriage--including by encouraging men and women to marry--is part of a concerted Wisconsin policy to reduce the number of babies born out of wedlock.
Judge Hamilton replied:
monday quote: I assume you know how that has been working out in practice?
Give the win to the judge. (The Appeals Court later ruled against both states.)
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