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Federal suit filed against Indiana marriage statute

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While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.

Four same-sex couples living in Clark and Floyd counties filed the lawsuit against Gov. Mike Pence, challenging the constitutionality of Indiana’s law that prohibits issuing marriage licenses to same-sex couples and does not recognize such marriages legally performed in other states.

In Love et al v. Pence, 4:14-cv-15, the couples are asking for an injunctive order directing the state to issue marriage licenses to same-sex couples; an injunction enjoining the state from denying same-sex couples the rights, burdens and benefits associated with lawful marriage; and an order directing the state to recognize same-sex marriages performed in other states.

The plaintiffs are represented by Clay Daniel Walton & Adams PLC and Fauver Law Office PLLC, both in Louisville, Ky.

“My clients are part of Indiana. They work there, they raise their children there, they pay taxes there,” attorney Dan Canon said. “My clients are certainly ready to see the same-sex marriage ban lifted.”

Indiana Attorney General Greg Zoeller said his office will defend Indiana’s marriage statute.

“As state government’s lawyer, I must defend the state’s authority to define marriage at the state level within Indiana’s borders,” Zoeller said in a press release. “People of goodwill have sincere differences of opinion on the marriage definition, but I hope Hoosiers can remain civil to each other as this legal question is litigated in the federal court.”

Attorneys representing the Indiana plaintiffs also represented same-sex couples in Kentucky who filed a similar suit challenging the commonwealth’s statute and constitutional amendment defining marriage as between one man and one woman.

Also, the constitutional arguments being made in the Indiana complaint were asserted in the Kentucky suit, Love et al. v. Beshear, et al., 3:13-cv-750.

Both suits claim the bans on same-sex marriage violated the due process and equal protection clauses in the 14th Amendment of the U.S. Constitution. In addition, the Indiana plaintiffs argue the state’s ban violates the First Amendment’s freedom of association and establishment provisions.

The Kentucky plaintiffs were given a victory when U.S. District Court for the Eastern District of Kentucky Judge John G. Heyburn struck down the commonwealth’s marriage amendment and part of the marriage law on constitutional grounds.

Kentucky Attorney General Jack Conway has refused to appeal Heyburn’s ruling, prompting Gov. Steven Beshear to say he would then hire outside counsel to defend the ban.

Noting that constitutional arguments against same-sex marriage laws have been successful in federal courts across the country, Canon said the plaintiffs are confident the southern Indiana District Court will “do the right thing.”

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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