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Assertion of state’s rights may not support same-sex marriage ban

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Indiana is contenting that states have the authority to define marriage, but the federal court and the ACLU of Indiana have given little merit to the state’s arguments for maintaining a ban on same-sex marriage.  

“The court agrees with Defendants that marriage and domestic relations are generally left to the states,” U.S. District Court for the Southern Indiana District Chief Judge Richard Young wrote in granting a same-sex couple’s motion for a temporary restraining order. “Nevertheless, the restrictions put in place by the state must comply with the United States Constitution’s guarantees of equal protection of the laws and due process.”

 Likewise, the ACLU of Indiana conceded the state has a legitimate interest in regulating and promoting marriage within constitutional bounds. However, the individual retains the right to choose his or her spouse.

Young granted the TRO for plaintiffs Amy Sandler and Nikole Quasney, who are parties in Baskin et al v. Bogan et al., 1:14-cv-0355, the challenge to Indiana’s marriage law filed by Lambda Legal. He ordered the state to recognize the Massachusetts marriage of Sandler and Quasney and, should Quasney lose her battle with ovarian cancer, the state will list Sandler as the surviving spouse on the death certificate.

Indiana argued against the TRO, in part, on the grounds that states have the authority to define marriage and the District Court opinions favoring recognition have misunderstood United States v. Windsor, 133 S.Ct. 2675 (2013). The state argues no one has the right to have his or her marriage recognized, but rather recognition is left to the states.

Young found that argument did not give the state a legitimate reason to deny an individual’s right to equal protection. He was also dismissive of the state’s interest in opposite-sex marriage as a way to ensure children are well cared for.

“…the court finds there will likely be insufficient evidence of a legitimate state interest to justify the singling out of same-sex married couples for non-recognition,” Young wrote. “The court thus finds that Plaintiffs have at least some likelihood of success on the merits because ‘the principal effect’ of Indiana’s statute ‘is to identify a subset of state-sanctioned marriages and make them unequal.’”

The ACLU of Indiana addressed the key arguments for banning gay and lesbian marriage in its motion for summary judgment on behalf of its clients in Midori Fujii v. Governor, State of Indiana, et al., 1:14-cv-00404.

Charging that Indiana’s marriage law is in violation of the Due Process Clause of the 14th Amendment, the ACLU asserted its clients have a fundament right to marry and have their marriages recognized by the state.

“The fundamental right to marry, like any fundamental right, is defined by the substance of the right itself, not the characteristics of the individuals asserting it,” the ACLU argued. “The plaintiffs seek the right to marry, a right long-recognized as fundamental. The fact that their identities or characteristics may be different from those individuals that have asserted the right previously does not change the fundamental right at issue.”

 
 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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