Federal suit filed against Indiana marriage statute

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While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.

Four same-sex couples living in Clark and Floyd counties filed the lawsuit against Gov. Mike Pence, challenging the constitutionality of Indiana’s law that prohibits issuing marriage licenses to same-sex couples and does not recognize such marriages legally performed in other states.

In Love et al v. Pence, 4:14-cv-15, the couples are asking for an injunctive order directing the state to issue marriage licenses to same-sex couples; an injunction enjoining the state from denying same-sex couples the rights, burdens and benefits associated with lawful marriage; and an order directing the state to recognize same-sex marriages performed in other states.

The plaintiffs are represented by Clay Daniel Walton & Adams PLC and Fauver Law Office PLLC, both in Louisville, Ky.

“My clients are part of Indiana. They work there, they raise their children there, they pay taxes there,” attorney Dan Canon said. “My clients are certainly ready to see the same-sex marriage ban lifted.”

Indiana Attorney General Greg Zoeller said his office will defend Indiana’s marriage statute.

“As state government’s lawyer, I must defend the state’s authority to define marriage at the state level within Indiana’s borders,” Zoeller said in a press release. “People of goodwill have sincere differences of opinion on the marriage definition, but I hope Hoosiers can remain civil to each other as this legal question is litigated in the federal court.”

Attorneys representing the Indiana plaintiffs also represented same-sex couples in Kentucky who filed a similar suit challenging the commonwealth’s statute and constitutional amendment defining marriage as between one man and one woman.

Also, the constitutional arguments being made in the Indiana complaint were asserted in the Kentucky suit, Love et al. v. Beshear, et al., 3:13-cv-750.

Both suits claim the bans on same-sex marriage violated the due process and equal protection clauses in the 14th Amendment of the U.S. Constitution. In addition, the Indiana plaintiffs argue the state’s ban violates the First Amendment’s freedom of association and establishment provisions.

The Kentucky plaintiffs were given a victory when U.S. District Court for the Eastern District of Kentucky Judge John G. Heyburn struck down the commonwealth’s marriage amendment and part of the marriage law on constitutional grounds.

Kentucky Attorney General Jack Conway has refused to appeal Heyburn’s ruling, prompting Gov. Steven Beshear to say he would then hire outside counsel to defend the ban.

Noting that constitutional arguments against same-sex marriage laws have been successful in federal courts across the country, Canon said the plaintiffs are confident the southern Indiana District Court will “do the right thing.”



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...