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Indiana authors 2 amicus briefs in same-sex cases before SCOTUS

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The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief and co-authored another arguing that the states should be able to define marriage.

The briefs in U.S. v. Windsor, 12-307, and Hollingsworth v. Perry, 12-144, were filed Tuesday before the U.S. Supreme Court. Sixteen states joined the Indiana brief in Windsor; 17 states joined the Hollingsworth brief, which was co-authored by Virginia.

In Windsor,  the U.S. justices are being asked to decide whether Section 3 of the Defense of Marriage Act, 1 U.S.C. Section 7, violates the equal protection component of the Due Process Clause of the Fifth Amendment.

“Because the same equal protection principles generally apply to state and federal laws … it requires no great leap of logic to conclude that a judicial rejection of DOMA would erode constitutional support for similar state laws,” states the Windsor brief, which was drafted by Indiana Solicitor General Thomas Fisher. He argues that the amici states have two interests at stake in this case: protecting their own power to define marriage in the traditional manner and clarifying equal protection principles that apply to marriage laws.

In Hollingsworth, in which the question before the court is whether a state can define marriage as between one man and one woman,  the states argue that they have an interest in protecting their ability to define and regulate marriage and preserving the integrity of their constitutions and democratic processes. The case stems from the 9th Circuit Court of Appeals, in which the court struck down California’s Proposition 8 that amended the state constitution to say that only marriage between a man and woman is valid or recognized in California.

Indiana Attorney General Greg Zoeller released a statement Tuesday on the cases, saying, “The State of Indiana has been a leader in advocating generally for the legal authority of states to determine their own marriage license definitions and specifically for the traditional marriage definition of one man and one woman.  Our briefs filed before the U.S. Supreme Court defend the authority of other states to define marriage – including those nine states that legally recognize same-sex couples – and also defend the traditional marriage definition that underpins traditional family structure and is of central legal importance to our state.  

“This legal position does not discriminate against the right of any individual to choose their partner nor discourage same-sex couples from providing loving and stable family environments for children.  It is a defense of the legal ability of the people through their elected representatives to make a policy choice.  As Indiana’s Attorney General, I respect the U.S. Supreme Court’s role in determining this important constitutional question and will respect their decision as is my duty as an officer of the court.”

Arguments in the two cases are scheduled for March 26 and 27, with the court expected to rule by the end of June.

 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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