Federal appeals court questions Idaho and Nevada gay marriage bans

A federal appellate court panel listened to Idaho and Nevada same-sex marriage bans arguments, but sharply questioned why they should be kept in place.

A three-judge panel from the 9th Circuit Court of Appeals appeared against the bans during arguments on Monday, questioning attorney Monte Stewart's arguments that children need both their mother and father, the Los Angeles Times.

Judge Marsha S. Berzon wondered whether all that argument really says is that gay couples "are less desirable families" and are "second-rate families."
Judge Stephen Reinhardt also chimed in that gays and lesbians "have the right to live their lives as human beings."

Stewart tried to argue that it was not about hate towards same-sex couples, according to Reuters, and insists that keeping the gay marriage ban up wouldn't interfere with letting them still adopt children. Berzon didn't really buy it. "But you do. That's the whole point of your rhetoric, it's to send a message that these are second class families."

While the three judges appeared against gay marriage, and probably are since the 9th Circuit is known to be quite liberal, sometimes they play devil's advocate to point out weaknesses in arguments. Of course the 7th Circuit Court came across that way in their aggressive questioning, but then struck down the laws in Indiana and Wisconsin in fairly quick fashion.

Currently 19 states allow gay marriage and nearly all lawsuits have been successful, with only one federal judge in Louisiana going against the grain.