ILNews

Federal suit filed against Indiana marriage statute

Back to TopCommentsE-mailPrintBookmark and Share

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.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT