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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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