Wisconsin, Indiana defend gay marriage bans in U.S. Appeals Court

CHICAGO (WLS) -- The battle to legalize same-sex marriage in Indiana and Wisconsin took center stage in a Chicago courtroom Tuesday as the Seventh Circuit Court of Appeals heard arguments on the states' bans.

A constitutional amendment bans gay marriage in Wisconsin while state law prohibits it in Indiana.

"We're married already, we're just hoping our state one day recognizes it," said Scott Moubray-Carrico, one of the plaintiffs from Indiana. "Lucas' school recognizes it,

our church recognizes it, our families, community, our federal government even, now it's time for the state"

Today in a packed courtroom, a panel of three judges heard oral arguments directly from lawyers in separate cases, from Wisconsin and from Indiana, and questioned the structure of family, fair rights, and breaking tradition.

Judge Richard Posner was appointed by Ronald Reagan, Judge Ann Claire Williams, was appointed by Bill Clinton, and Judge David Hamilton was appointed by President Barack Obama.

Representatives from Wisconsin Family Action believe tradition matters.

"Every child that has been born, forever, has a mother and a father," said Julaine Appling of Wisconsin Family Action. "It's a biological reality that we cannot deny and when we talk about the redefinition of marriage we are talking about the deconstruction of the family unit."

Representatives from the state of Wisconsin say, in part, that lifting the ban would devalue the institution of marriage, a point seemingly unconvincing to the judges.

"What should slow us down because something bad may happen because of homosexual marriage in Wisconsin? What are the possibilities?" asked Judge Posner.

"The possibilities are," responded Wisconsin Assistant Attorney General Timothy Samuelson, "We don't, we don't know, what? Well there could be an unanticipated consequence."

"You can't guess?" Posner shot back.

Posner frequently cut off Indiana Solicitor General Thomas Fischer, just moments into his presentation and chided him to answer his questions.

At one point, Posner ran through a list of psychological strains of unmarried same-sex couples, including having to struggle to grasp why their schoolmates' parents were married and theirs weren't.

"What horrible stuff," Posner said. What benefits to society in barring gay marriage, he asked, "outweighs that kind of damage to children?"

The answer has to do with "procreation," Fisher answered.

"All this is a reflection of biology," Fisher said. "Men and women make babies, same-sex couples do not... we have to have a mechanism to regulate that, and marriage is that mechanism."

Members of the ACLU from both states say they feel the panel of judges was on their side, but remain cautiously optimistic.

"I do think the court focused on our main concerns which is the rational for this prohibition makes absolutely no sense," said Ken Falk of ACLU Indiana. "I think we spent a lot of time talking about that"

The panel of judges will take into consideration all the arguments. It's unclear when the court might issue a ruling.

Same-sex marriage is currently legal in 19 states and the District of Columbia.

The Associated Press contributed to this report.