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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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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