ILNews

Motions in marriage lawsuits attack non-recognition of same-sex unions

Back to TopCommentsE-mailPrintBookmark and Share

Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.

Plaintiffs in two lawsuits – Lee et al. v. Pence et al., 1:14-cv-00404 and Bowling, Bowling and Bruner v. Pence et al., 1:14-cv-0405 – argue Indiana’s non-recognition of their marriages legally solemnized in other states is a violation of the Equal Protection and Due Process clauses of the 14th Amendment. Also, the non-recognition prevents the couples from accessing tangible benefits and causes harm to their dignity.

“The right to have one’s marriage recognized by state authorities is inherent in the right to marry, without the right of recognition, the right to marry is meaningless,” the plaintiffs asserted in the Lee lawsuit. “The right to marry, of course, is a fundamental right which is deeply entrenched in American jurisprudence, and which necessarily entails the right to remain married and have one’s marriage recognized.”

The motions were filed April 21 in the U.S. District Court for the Southern District of Indiana.

Plaintiffs in Bowling also make the charge that Indiana’s marriage law violates the Establishment Clause because it advances religion. The couples claim the state’s argument against same-sex marriage is a “sham secular purpose” that attempts to hide the real purpose of furthering certain Judeo-Christian interpretations of the Bible.  

“Allowing the Defendants and the State of Indiana to continue to define marriage based on these religious interpretations has the primary effect of advancing specific religious beliefs,” the plaintiffs wrote. “By enforcing a religious-based definition of marriage, the Defendants are no longer neutral, which the Constitution requires. Defendants’ enforcement of Indiana’s DOMA shows government approval to a specific set of religious beliefs, which has the effect of sending a message to those who do not share those religious beliefs that their viewpoints are not as valuable as the religious beliefs approved by the majority.”

In addition, the Lee plaintiffs, who are all first responders, filed a motion for preliminary injunction. They are asking the court to preliminarily enjoin the state from refusing to recognize their lawfully wedded spouses as beneficiaries on their pension funds.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

ADVERTISEMENT