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Indiana likely to be involved in gay marriage cases before SCOTUS

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Attorney General Greg Zoeller’s office announced late Friday that Indiana will likely participate in some way in the California case involving the definition of marriage that the U.S. Supreme Court accepted Dec. 7.

In August, Indiana co-authored an amicus brief in Hollingsworth v. Perry, an appeal of the ruling by the 9th Circuit Court of Appeals that had found California’s marriage definition unconstitutional. The brief asked SCOTUS to take the case and reverse the Circuit Court.

On Friday, the U.S. justices took Hollingsworth and U.S. v. Windsor, which relates to the federal Defense of Marriage Act. The act prohibits extending certain federal benefits of marriage to same-sex unions.

“With all due respect to those who have called for a truce from conflict on social issues, this is a legal question of central importance in our nation that only the United States Supreme Court can evaluate and determine with finality. We contend the people of each state – either through their elected legislators or directly by referendum – should have the authority to define marriage within their state, and Indiana stands firm in its vigorous defense of each state’s legal authority to recognize the traditional definition of marriage as a significant state interest,” Zoeller said in a statement.

The Indiana General Assembly approved an amendment to the Constitution in 2011 that would ban same-sex marriage. That amendment will need approved by a separately elected Legislature before the amendment would go before voters. If approved this session, the amendment could go before voters in 2014.

The Supreme Court is expected to hear arguments in both cases next spring and rule by the end of its term in June 2013.


 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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