ILNews

Indiana co-authors amicus brief in Prop 8 case

Back to TopE-mailPrintBookmark and Share

Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.

On Aug. 4, U.S. District Chief Judge Vaughn Walker of the Northern District of California overturned the state’s ban on same-sex marriages, ruling Proposition 8 violated gays and lesbians’ constitutional rights.

The 50-page brief in Kristin M. Perry, et al. v. Arnold Schwarzenegger, et al., No. 10-16696, says the amici states have an interest in protecting the ability of all states “to define marriage pursuant to political debate and action through the democratic process – whether by legislative enactment or by citizen referendum.”

The states claim Chief Judge Walker’s ruling misread the Constitution and exceeded the court’s judicial authority. They want the federal appellate court to reverse based on Baker v. Nelson, 409 U.S. 810 (1972), or if the 9th Circuit reaches the merits, to reverse and hold that Proposition 8 doesn’t violate the Due Process or the Equal Protection Clause of the 14th Amendment.

In addition to Indiana, Louisiana, Michigan, and Virginia are the co-authors of the brief; also joining are Alabama, Alaska, Florida, Idaho, Nebraska, Pennsylvania, South Carolina, Utah, and Wyoming.

ADVERTISEMENT

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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT