ILNews

Same-sex marriage memo keeps Pence as defendant in lawsuit

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.

Chief Judge Richard Young in the Southern District of Indiana held in Bowling, et al. v. Pence, et al., 1:14-CV-00405, that the state must recognize the marriage of Michelle and Shannon Bowling of Indianapolis, who were married in Polk County, Iowa, on Jan. 18, 2011. Shannon Bowling is employed by the Indiana Department of Correction, and the couple sued to seek state benefits for Michelle Bowling and her children from a previous relationship.

A third plaintiff, Linda Bruner of Greenfield, is seeking a divorce from her wife, whom she married in Sioux City, Iowa, on July 20, 2010. But a court in Indianapolis has said it has no authority to dissolve same-sex marriages, the ruling said. Young’s decision says she can seek the dissolution if the 7th Circuit upholds his ruling.

The judge reiterated his finding in the other same-sex marriage challenges by ruling Indiana’s marriage law violates the 14th Amendment’s equal protection clause. Bowling is the last same-sex marriage case on the District Court’s docket.

While Young'sruling that the state’s marriage statute is unconstitutional echoes his earlier rulings in the three cases now before the 7th Circuit, Young’s decision to allow Gov. Mike Pence to be included as a defendant is new.

In the three cases Young previously ruled on, he dismissed Pence as a defendant and threw out the first same-sex marriage case filed, Love v. Pence, because the governor was the sole defendant. At that time, the judge agreed with the state that the governor could not be a party to the challenge because he did not enforce the laws.

However, Young pointed out that since his June ruling in Baskin, et al.  v. Bogan, et al., Pence exercised authority he said he did not have when he issued a memo that directed executive branch agencies to function as though the marriage law had not been ruled unconstitutional. The governor sent the memo July 7, after the 7th Circuit had granted a stay in Baskin.  

“Additionally, the court, after witnessing the Governor do what he claimed he could not do, reverses course and finds him to be a proper party to such lawsuits,” Young wrote. “The court wishes to reiterate that it finds the Governor’s prior representations contradicting such authority to be, at a minimum, troubling.”

The 7th Circuit is scheduled to hear oral arguments next week on the state’s appeal of the June 25 ruling by Young throwing out Indiana’s same-sex marriage ban. Hundreds of same-sex couples were married legally in Indiana after the ruling and before the 7th Circuit issued a stay.

“The phenomenon that the court previously observed has continued to grow. Since issuing its prior orders, two circuit courts have found bans similar to Indiana’s to be unconstitutional. This court reaffirms that conclusion,” Young wrote in his ruling.

The Office of the Indiana Attorney General had sought a stay in the Bowling case and plans to file an appeal, spokesman Bryan Corbin said.

“As the lawyer for the state government, the Indiana Attorney General’s Office has a duty to defend Indiana’s statute – passed by the people’s elected representatives in the Legislature – from lawsuits that plaintiffs’ lawyers file, both in the trial court and on appeal.”

The attorney general’s office did not address Young’s ruling that Pence could be a named defendant.
 

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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Shechan Caroline am from Los Angeles I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.oku, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact is okutemple@gmail.com or add him on whasapp +2347053113465?

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

ADVERTISEMENT