Tag: Indiana

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Indiana files official appeal for review of same-sex marriage ban with US Supreme Court

After losing 3-0 at the 7th Circuit Court of Appeals last week, Indiana’s Attorney General has filed an official appeal with the US Supreme Court regarding same-sex marriage in the state.

From (ironically) WISHTV.com:

“[We ask] whether the Due Process and Equal Protection Clauses of the Fourteenth Amendment permit States to define marriage as a legal union between one man and one woman, [and] whether the Due Process and Equal Protection Clauses permit States to treat as void same-sex marriages from other jurisdictions,” the appeal reads.

Most interesting is the fact that Indiana Attorney General Greg Zoeller says the marriage ban does NOT target homosexuals:

From Zoeller’s brief: “The court does not, and cannot, justify the assertion that Indiana’s definition of marriage targets homosexuals. The statue itself makes no mention of sexual orientation, and as the case record in this case amply demonstrates, homosexuals often do marry members of the opposite sex in Indiana.”

You can read the request below.

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7th Circuit Court of Appeals rules Indiana and Wisconsin bans on same-sex marriage unconstitutional

In what is now the fourth appellate ruling in favor of marriage equality, a panel of 3 federal judges for the 7th Circuit Court of Appeals has ruled unanimously that the same-sex marriage bans in Wisconsin and Indiana unconstitutional

From MetroWeekly:

According to the 40-page unanimous ruling authored by Judge Richard Posner, who was nominated to the federal bench by President Ronald Reagan, “discrimination against same-sex couples is irrational, and therefore unconstitutional even if the discrimination is not subjected to heightened scrutiny.”

Ruling in two cases, the court found the governments of Indiana and Wisconsin have given no reason to think they have a “reasonable basis” for forbidding same-sex marriage.

“Discrimination by a state or the federal government against a minority, when based on an immutable characteristic of the members of that minority (most familiarly skin color and gender), and occurring against an historical background of discrimination against the persons who have that characteristic, makes the discriminatory law or policy constitutionally suspect,” the ruling states.

Oral arguments were heard before the 7th Circuit Court of Appeals last week in Chicago.

According to Gallup Polls, 55% of Americans support marriage equality. A recent ABC News/Washington Post poll showed 77% of Americans under the age of 30 are in favor of same-sex marriage.

Same-sex couples can legally marry in nineteen states and the District of Columbia.

Cue the haters in 3, 2, 1…

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Wisconsin & Indiana in the 7th Circuit Court of Appeals today on same-sex marriage bans

Oral arguments are under way in the Seventh Circuit Court of Appeals with Indiana and Wisconsin attempting to defend their respective state’s same-sex marriage bans.

According to Chris Johnson of the Washington Blade, the good guys catch what might be a good break from the get-go as the legal journalist feels the judges assigned the case are possible good fit for marriage equality.

UPDATE – Chris Johnson just tweeted this after the close of oral arguments:

LGBT legal journalist Chris Geidner of Buzzfeed posted this “first take”:

And The Bilerico Project had this to say:

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Indiana: US District judge strikes down same-sex marriage ban – again

Bilerico has the details:

This afternoon, Judge Young sided with the plaintiffs in Bowling v. Pence, the last remaining same-sex marriage case in Indiana. The plaintiffs sued to force the state to recognize their legal same-sex marriages performed elsewhere.

Young ordered the state to stop enforcing all Indiana laws preventing same-sex couples from equal treatment in marriage, allow married same-sex couples to file joint tax returns, and provide the same benefits and services to married same-sex couples as it does to married opposite-sex couples.

Judge Young stayed today’s order until the Seventh Circuit Court of Appeals rules in the case, or in any of the other Indiana marriage equality cases.

Read more here.

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Indiana Gov. Mike Pence orders state agencies to ignore same-sex marriages

Governor Mike Pence of Indiana has ordered all state agencies to ignore the same-sex marriages that were performed in the state over three days following a federal judge’s ruling that the state’s same-sex marriage ban was unconstitutional on June 25th.

From WTHR.com:

Pence defended the memo Wednesday and the sentiment expressed in it Wednesday afternoon. He said it was his job as governor to carry out the laws of the State of Indiana.

“The State of Indiana must operate in a manner with the laws of Indiana. So we have directed our state agencies earlier this week to conduct themselves in a way that respects current Indiana law, pending this matter’s process through the courts,” Pence said.

A federal judge in Indianapolis struck down the state’s gay marriage ban as unconstitutional that day, leading to hundreds of same-sex marriages around the state. But an appeals court stayed that ruling three days later after an appeal from the state attorney general’s office.

Statement from Hoosiers Unite for Marriage:

“Last month, Governor Pence held a summit about strengthening families. He lauded single parents, adoptive parents and marriages between one man and one woman. Notably absent was any mention of loving, committed same-sex couples and their families. The couples who said their vows during the three-day window when same-sex marriage was legal in Indiana are legally married, and they deserve the respect and recognition that comes with that commitment. We are deeply disappointed in the Governor’s decision not to recognize these marriages and families, and we will continue to fight for these couples to be treated equally. We look forward to the day when marriage equality is the law of the land so that these families no longer have to worry about politicians deciding the fate of their love.”

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Indiana: 7th Circuit Court orders state to recognize terminally-ill lesbian’s marriage

Amy Sandler (L) and Niki Quasney (R)

Today, the day after Lambda Legal filed papers with the Seventh Circuit Court of Appeals asking the court on an emergency basis to lift its stay to allow respect for the marriage of one couple, Niki Quasney and Amy Sandler, because Niki is battling Stage IV ovarian cancer, Attorney General Greg Zoeller filed papers again demanding that the Court deny respect to the Indiana couple’s marriage.

Camilla Taylor, Marriage Project Director for Lambda Legal, said:

Attorney General Zoeller’s callous disregard for this family’s circumstances is heartless, cruel, and unbecoming of a public official charged with representing the interests of all Hoosiers. He is taking steps that no other attorney general anywhere in the country has in fighting to deny respect to the marriage of only one couple facing very significant health issues.

Attorney General Greg Zoeller will not have the last word, justice will. This Indiana family is undergoing tremendous stress while they courageously fight Ms. Quasney’s stage four ovarian cancer. Their marriage doesn’t harm anyone in Indiana, it simply protects them and their children.

See the written order from the court below:

(from Lambda Legal Blog)

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7th Circuit Court of Appeals grants stay, halts same-sex marriage

From the IndyChannel:

The 7th Circuit Court of Appeals granted a motion by Indiana’s attorney general to stay an earlier ruling overturning the state’s same-sex marriage ban, effectively halting the issuance of same-sex marriage licenses in the state.

The court issued the stay just after 6 p.m. Friday following an emergency motion filed that afternoon by Indiana Attorney General Greg Zoeller.

In the motion, Zoeller says a stay is needed to “stem the long-term negative impact that may be created by hundreds, if not thousands, of same-sex marriages that ultimately may prove to have no basis in law.”

I love how Zoeller says “ultimately may prove to have no basis in law.” Wishful thinking on his uber-conservative part.   It’s clear where this is all headed.

Marion County alone issued 586 marriage licenses in the past two days; the majority of those to same-sex couples.

From Hoosiers Unite for Marriage:

“We are extremely disappointed that the court has issued this stay, and we are committed to protecting the freedom to marry in Indiana,” the statement read. “More than anything, this is a terrible blow to the legally wedded Indiana couples and their families who were finally — after so long — recognized this week under Indiana law.”

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First same-sex couple marries in Indiana

Craig Bowen and Jake Miller marry in Indianapolis

Upon issuance of Judge Richard Young’s ruling that banning same-sex marriage in Indiana was unconstitutional, couples began getting immediately as there was no stay on the ruling.

From the Indianapolis Star:

Marion County Clerk Beth White said she is prepared to issue marriage licenses to same-sex couples in her office at the City-County Building in Downtown Indianapolis.

“Chief Judge Richard Young’s decision on marriage equality sets forth a clear course of action for this office to follow regarding same-sex marriage licenses. It is my responsibility to uphold court rulings that impact this office and that is what I will do,” White said in a release.

Craig Bowen and Jake Miller were the first couple to get their marriage license in Indianapolis.

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Indiana: Federal judge rules same-sex marriage ban UNCONSTITUTIONAL

Today, U.S. District Court Judge Richard L. Young ruled that Indiana’s discriminatory ban on marriage for same-sex couples is unconstitutional.

Lambda Legal challenged the law on behalf of five couples seeking the freedom to marry in Indiana or recognition of a marriage from another state.

Judge Young wrote:

The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional.

It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love.

In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a same-sex marriage.

These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.

(via Lambda Legal)