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Indiana solicitor general: ‘Good day’ for traditional marriage at SCOTUS

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Indiana and other states against same-sex marriage appeared to make a strong impression on the U.S. Supreme Court justices Tuesday, Indiana Solicitor General Thomas Fisher said after watching arguments in Washington.

“On balance, my sense is that a proposition that adheres to traditional marriage seemed to have a pretty good day,” said Fisher, who with state attorneys from Virginia wrote an amicus brief joined by 17 states in Hollingsworth v. Perry, 12-144,  which justices heard Tuesday. “I don’t know that our side will win, but it seems unlikely we will lose based on the arguments.”

In Hollingsworth, California’s Proposition 8 constitutional amendment banning same-sex marriage was struck down by the 9th Circuit Court of Appeals. The states argue that they have an interest in protecting their ability to define and regulate marriage, and preserve the integrity of their constitutions and democratic processes.

Fisher also authored an amicus brief joined by 16 other states in U.S. v. Windsor, 12-307, a challenge to the federal Defense of Marriage Act which will be argued before the court Wednesday. Justices are asked in that case to decide whether Section 3 of the Act, 1 U.S.C. Section 7, violates the equal protection component of the Due Process Clause of the Fifth Amendment.

In the Hollingsworth arguments, justices appeared to question whether proponents of Proposition 8 had standing or authority to represent their claims in federal court, Fisher said. “It’s not clear to me there are five votes on either side of that issue,” he said.

Fisher said he agreed with the analysis of SCOTUS blog writer and veteran court expert Lyle Denniston, who was seated next to him during arguments. Denniston wrote that in a rare public display, Justice Anthony M. Kennedy worked through many possible options for the court and “openly wondered why the court had agreed even to hear the case.”

Fisher believes the court is unlikely to dismiss the case, though. He said it’s likely the court will decide on standing and render a decision on the merits.

Indiana Attorney General Greg Zoeller said when the briefs were filed that they reflected the state’s leadership “on advocating generally for the legal authority of states to determine their own marriage license definitions and specifically for the traditional marriage definition of one man and one woman.

“Our briefs filed before the U.S. Supreme Court defend the authority of other states to define marriage – including those nine states that legally recognize same-sex couples – and also defend the traditional marriage definition that underpins traditional family structure and is of central legal importance to our state.”

The Indiana Legislature this year suspended consideration of a constitutional amendment banning same-sex marriage pending resolution of the cases before the Supreme Court.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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