Baskin v. Bogan

Dist. Ct. did not err in entering judgment in separate cases that invalidated Indiana’s (statutory) and Wisconsin’s (state constitution) bans on same-sex marriage. Challenged laws discriminated against homosexual minority based upon immutable characteristic, and states’ rationale that same-sex couples and their children do not need marriage because same-sex couples do not produce children was irrational. Ct. further found that said laws violated notions of equal protection since states failed to articulate any rationale for allowing infertile, heterosexual couples to marry and obtain financial benefits granted to marriages of fertile, heterosexual couples, but failing to give same financial benefits of marriage to same-sex couples who also do not produce children. Additionally, states’ solution for their concern regarding problem with unwanted children was not tailored to said concern because by denying marital rights to same-sex couples, they reduced incentive of such couples to adopt unwanted children and impaired welfare of those children who had already been adopted by same-sex couples.