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Same-sex couples tell 7th Circuit Indiana’s marriage ban is discriminatory

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Plaintiffs challenging Indiana’s ban on same-sex marriage filed their appellate brief with the 7th Circuit Court of Appeals July 29, making their argument that the state’s marriage law violates their constitutional rights.

As ordered by the court, the plaintiffs from the three separate lawsuits that overturned Indiana’s marriage statute in the District Court worked together and filed one brief. They asserted prohibiting gay and lesbian couples from marrying violates the 14th Amendment’s Due Process and Equal Protection clauses.

The brief states that Indiana’s marriage ban “deprives same-sex couples of equal dignity and autonomy in the most intimate sphere of their lives and brands them as inferior to other married couples in Indiana, denying them state and federal protections, responsibilities, and benefits, and inviting ongoing discrimination from third parties.

“This deprivation violates due process by infringing upon the fundamental right to marry, and it violates equal protection by treating same-sex and different-sex couples differently for no reason other than to impose second-class citizenship on a targeted group.”

The brief was filed on behalf of the plaintiffs in Marilyn Rae Baskin, et al. v. Greg Zoeller, et al., the suit brought by the national gay rights organization Lambda Legal; Midori Fujii, et al. v. Commissioner of the Indiana State Department of Revenue, et al., filed by the American Civil Liberties Union of Indiana; and Pamela Lee, et al. v. Brian Abbott, et al., brought by a legal team led by William Groth of Fillenwarth Dennerline Groth & Towe LLP.

National organizations and individuals supporting freedom to marry are expected to file amicus briefs in the coming days.

Indiana Attorney General Greg Zoeller’s office has already filed its brief with the 7th Circuit.

Plaintiffs argued against the Indiana’s contention that states have the authority to define and regulate marriage. Describing the states’ rights argument as a “sleight-of-hand,” the plaintiffs maintained state laws cannot contravene constitutional rights.

Also, same-sex couples scoffed at the state’s procreation argument.

“While the State argues that marriage is a mere ‘regulation’ and ‘a means of enticing individuals whose sexual intercourse may produce children to enter voluntarily into a relationship that the government recognizes and regulates,’ this narrow definition cannot be reconciled with the autonomy protected by the State for those who choose to marry,” plaintiffs stated in their brief. “Married couples may have children, but they need not and often do not. Spouses need not pass a fertility test, intend to procreate, be of childbearing age, have any parenting skills, or account for any history of childbearing or support.”

Last week, the 7th Circuit set Aug. 26 as the date it will hear oral arguments for the case challenging Indiana’s marriage law and for the lawsuit against Wisconsin’s marriage ban.

Marilyn Rae Baskin, lead plaintiff in the Lambda Legal lawsuit, said the lawsuit has been a rollercoaster ride. She is impatient for a final decision and, describing supporters of same-sex marriage as being on the right side of history, said she is confused why Indiana is continuing to fight against same-sex marriage.

“Fill the potholes,” she admonished the state. “Take care of the budget, solve crime, work on education. This should be a non-issue. It’s discriminatory and that’s its only reason for existence.”




 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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