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Indiana same-sex marriage ban overturned

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Federal Judge Richard Young has overturned Indiana’s ban on same-sex marriage, finding the law violates the 14th Amendment’s due process and equal protection clauses.

The chief judge for the U.S. District Court for the Southern District of Indiana issued his ruling Wednesday in four of the five challenges to the state’s marriage law. He found for the plaintiffs in Lee, et al. v. Pence, et al.; Fujii, et al. v. Pence, et al.; and Baskin, et al. v. Bogan, et al.

His granted the state’s motion to dismiss the first lawsuit filed, Love, et al. v. Pence, on lack of jurisdiction grounds.

“The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue,” Young wrote in his ruling. “In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional.”

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  • Thank you, Judge
    Thanks for something that I've worked on for over 30 years. I'm straight but have been an advocate for human and civil rights and have friends in your state. For 20 years I've promised to be the "flower girl" in their wedding. Perhaps now that can proceed.
  • Monkey
    Monkey see, monkey do.

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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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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.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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