Fisher: The issue here is to deal with what may be a fleeting moment of passion that leads to a child that nobody contemplated…
Judge Posner: Do you criminalize fornication?
No, no longer.
Would you like to?
No, it's not at issue here.
It sounds like a way of dealing with this unintended child problem.
It's one thing to criminalize—
You don't seem to like adoption as a way of dealing with it.
That is not true. …
So why do you prefer heterosexual adoption to homosexual adoption?
We don't.Judge Hamilton got in some zingers too
Of course you do. You give all kinds of benefits to the heterosexual adoptive parents. ...
The benefits that you're talking about are not triggered based on sexual orientation, they're based on marital status.
Come on now, you're going in circles. The question is, why do you want the children who are adopted by same sex couples … to be worse off? …
Judge Hamilton: Both you and Indiana have argued that what you really want to do is promote child births in marriage, right?
And encourage parents to stick together and raise those children, right?
I assume you're familiar with how that's been working out in practice over the last 25 or 30 years? … The proportion of births to unmarried mothers have increased by 53 percent in Wisconsin. … It's sort of like trying to focus on the mote in someone else's eye while ignoring the beam in one's own. …
Go to the Advocate to read more. Court watchers think this one goes our way.