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Court hears arguments in same-sex marriage case

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A same-sex couple  fighting to have Indiana recognize their marriage returned to court Friday to convince a judge the state’s ban on same-sex marriage is unconstitutional.

Chief Judge Richard Young of the U.S. District Court, Southern District of Indiana heard arguments May 2 on pending motions in Baskin et al. v. Bogan et al., 1:14-cv-0355. Lambda Legal argued on behalf of the plaintiffs and Indiana Solicitor General Thomas Fisher argued the state’s case.

On April 10, Young granted a temporary restraining order requiring the state to acknowledge the marriage of two of the plaintiffs, Nikole Quasney and Amy Sandler. The women made an emotional appeal to the court to make the state recognize their marriage before Quasney loses her battle with stage IV ovarian cancer.

Young’s TRO instructed the Indiana State Department of Health to list Sandler as the spouse on any future death certificate for Quasney.  

After today’s arguments in the Winfield K. Denton Federal Building and U.S. Courthouse in Evansville, Young took under advisement the motions for summary judgment. He will rule at a later date.

Lawsuits challenging state bans on same-sex marriage have been filed across the country ever since the U.S. Supreme Court knocked down part of the federal Defense of Marriage Act in U.S. v. Windsor. Five lawsuits have been filed in Indiana since March.

Today, Fisher argued the Windsor decision left intact the authority of states and their legislatures to define marriage. Therefore, he contends, Indiana can legislate marriage as being between one man and one woman and can legally choose to not recognize same-sex unions granted in other states.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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