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Indiana co-authors amicus brief in Prop 8 case

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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.

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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