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2 attorneys to argue for same-sex marriage before 7th Circuit

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In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.

The federal appellate court in Chicago will hear arguments in Indiana’s and Wisconsin’s same-sex marriage cases Aug. 26. The court added the day to its calendar especially for the marriage lawsuits.

The parties in the Indiana case will start the court session at 9:30 a.m. (CDT).

Three cases from Indiana – Baskin, et al. v. Bogan, et al., brought by Lambda Legal; Fujii, et al. v. Commissioner, et al., brought by the American Civil Liberties Union of Indiana; and Lee, at al. v. Abbott, et al., brought by a group of attorneys led by William Groth – were consolidated and will be presented in one argument.

Since three cases are challenging Indiana’s law, Ken Falk, legal director of the ACLU of Indiana, said splitting the arguments between different attorneys made sense. He has shared arguments in other cases but Falk admitted the practice is “relatively rare.”

Falk and Camilla Taylor, marriage project director for Lambda Legal, will argue on behalf of the Indiana same-sex couples. Taylor will be at the podium for eight minutes and Falk for 12 minutes.

Prior to their appearance at the 7th Circuit, the same-sex couples’ attorneys will be mooting the case in a videoconference.

Indiana Solicitor General Thomas Fisher, who has defended the state’s marriage law since the lawsuits were filed in March, will deliver the argument for the state.
 

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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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