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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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