same-sex marriage

State fighting birth certificate ruling

August 15, 2016
Marilyn Odendahl
Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.
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COA affirms woman in same-sex relationship legal parent of child

August 15, 2016
Jennifer Nelson
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
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Clerk asks court to dismiss appeals in gay marriage lawsuit

June 21, 2016
 Associated Press
A Kentucky clerk who spent five days in jail for refusing to issue marriage licenses to same-sex couples asked a federal appeals court Tuesday to dismiss her appeals of a judge's ruling because of a new state law that will take effect next month.
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Same-sex couples argue Indiana birth certificate law biased

April 8, 2016
 Associated Press
An attorney for eight married same-sex couples argued that the state of Indiana is discriminating against them by not allowing both women to be listed on their children’s birth certificates.
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Mississippi governor gets bill allowing denial of service to gays

April 1, 2016
 Associated Press
The Mississippi House is sending Republican Gov. Phil Bryant a bill that would let government employees and private businesses cite religious beliefs to deny services to same-sex couples who want to marry.
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Plaintiff in same-sex marriage case to speak at IU Maurer

January 26, 2016
IL Staff
Jim Obergefell, whose legal challenge to Ohio’s marriage laws led to the June 2015 U.S. Supreme Court decision that gave same-sex couples the right to marry, will speak at two events next week at Indiana University, the school announced Tuesday.
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Same-sex couples ask for summary judgment in birth certificate complaint

December 7, 2015
Marilyn Odendahl
Eight lesbian couples who sued the state for not putting both parents' names on their children’s birth certificates have filed a motion for summary judgment, asking the federal court to prohibit the state from denying the presumption of parenthood to female spouses of women who are artificially inseminated.
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Kentucky clerk won't interfere with gay marriage licenses

September 14, 2015
 Associated Press
Clerk Kim Davis returned to work Monday for the first time since being jailed for disobeying a federal judge and said she was faced with a “seemingly impossible choice” between following her conscience and losing her freedom over denying marriage licenses to gay couples.
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Jailed clerk who fought gay marriage is ordered released

September 8, 2015
 Associated Press
After five days behind bars, Rowan County Clerk Kim Davis was ordered released from jail Tuesday by the judge who locked her up for refusing to issue marriage licenses to gay couples in the Kentucky county.
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Huckabee, Cruz plan to meet with jailed Kentucky clerk

September 8, 2015
 Associated Press
Two Republican presidential candidates planned jailhouse meetings Tuesday with Kentucky clerk Kim Davis, raising her conservative-hero status as she remains behind bars over her refusal to give marriage licenses to gay couples.
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With clerk jailed, same-sex Kentucky couples get marriage license

September 4, 2015
 Associated Press
A gay couple emerged from a county clerk's office in Morehead, Kentucky, with a marriage license in hand Friday morning, embracing and crying as the defiant clerk who runs the office remained jailed for her refusal to issue the licenses because she opposed same-sex marriage.
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Judge jails Kentucky clerk for refusing marriage licenses

September 3, 2015
 Associated Press
A defiant county clerk was sent to jail for contempt Thursday after insisting that her "conscience will not allow" her to follow a federal judge's orders to issue marriage licenses to gay couples.
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Clerk defying gay marriage orders: ‘A heaven or hell decision’

September 2, 2015
 Associated Press
Now as the Rowan County clerk in Morehead, Kentucky, Kim Davis is refusing to surrender in a battle over who can and can’t be wed. She invoked “God's authority” Tuesday as she defied a series of federal court orders and once again denied marriage licenses to same-sex couples.
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Federal judge orders defiant Kentucky clerk, staff to court

September 1, 2015
 Associated Press
A county clerk in Kentucky who has invoked “God's authority” and is defying the Supreme Court of the United States by refusing to license same-sex marriage has been summoned along with her entire staff to explain to a federal judge why she should not face stiff fines or jail time.
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Kentucky clerk defies court order to issue gay-marriage license

August 27, 2015
 Associated Press
The clerk's office in Moorehead, Kentucky, on Thursday again refused to issue a marriage license to a gay couple, in defiance of a Supreme Court of the United States ruling that legalized same-sex marriage across the country two months ago.
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Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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Board: Ohio judges can't choose marriage type they perform

August 12, 2015
 Associated Press
Judges who perform marriages in Ohio can't refuse to marry same-sex couples on personal or moral grounds or because of religious beliefs, according to a state judicial conduct board.
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2nd northern Indiana city drops gay protection proposals

August 4, 2015
 Associated Press
Officials in the northern Indiana city of Goshen have decided to put off voting on a proposal expanding anti-discrimination protections to include sexual orientation and gender identity.
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Suit: County worker fired for objecting to gay marriage

July 24, 2015
 Associated Press
A former deputy clerk from southern Indiana says in a federal lawsuit she was fired for refusing to process a same-sex couple’s marriage application.
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Next same-sex marriage fight could center on benefits

July 15, 2015
Marilyn Odendahl
In Indiana, some large companies have expanded their domestic partner benefit packages to include same- and opposite-sex couples.
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Ohio judge wants to know if he can refuse gay weddings

July 9, 2015
 Associated Press
A judge who refused to marry a same-sex couple said on Wednesday that he wants to know if he can skip out of performing gay weddings altogether.
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US to make marriage benefits available to gay couples

July 9, 2015
 Associated Press
Attorney General Loretta Lynch says the government will make federal marriage benefits available to same-sex couples following a Supreme Court of the United States decision last month that legalized same-sex marriage.
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Supreme Court extends same-sex marriage nationwide

June 26, 2015
 Associated Press
The Supreme Court of the United States has declared that same-sex couples have a right to marry anywhere in the United States. The decision was 5-4.
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Waiting for SCOTUS ruling on same-sex marriage

June 17, 2015
Marilyn Odendahl
Evansville Police Sgt. Karen Vaughn-Kajmowicz and her wife, Tammy, battled the Indiana General Assembly’s effort to add the “one-man, one-woman” definition of marriage to the state constitution and eventually joined one of the lawsuits against the state to end the ban on same-sex marriage.
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Court ruling against gay marriage could cause legal 'chaos'

June 10, 2015
 Associated Press
Gay and lesbian couples could face legal chaos if the Supreme Court of the United States rules against same-sex marriage in the next few weeks.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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