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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT