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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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