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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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