same-sex marriage

Indiana Judges Association: Officiating same-sex marriages leaves judge optimistic

July 16, 2014
David Dreyer
On June 25, 2014, and the next day, I officiated over 50 same-sex marriages. For reasons I did not expect, it may have changed my life.
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Zoeller: State’s lawyer has duty to represent state in marriage suit

July 16, 2014
Not since my office had to represent the state in lawsuits arising from the State Fair disaster has a dispute been so seemingly impossible to address in a way that the public would accept as being fair to all concerned.
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Court to hear gay marriage arguments Aug. 13

July 15, 2014
 Associated Press
A federal appeals court in Chicago will hear arguments in challenges of gay marriage bans in Wisconsin and Indiana on Aug. 13.
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ACLU asks fed attorney to recognize Indiana gay marriages

July 14, 2014
 Associated Press
Attorneys on Friday asked U.S. Attorney General Eric Holder to step in on behalf of hundreds of same-sex couples who were wed before a federal appeals court stayed an order striking down Indiana's gay marriage ban.
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Utah to appeal gay marriage ruling to high court

July 10, 2014
 Associated Press
Utah has decided to go straight to the U.S. Supreme Court to argue against gay marriage, meaning the nation's highest court will have at least one same-sex marriage case on its plate when it returns in October.
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Indiana agencies told to ignore gay marriages

July 9, 2014
 Associated Press
Indiana Gov. Mike Pence's office is telling state agencies to act as if no gay marriages had been performed during three days following a federal court order.
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Kentucky gay marriage ban nixed, but no weddings yet

July 3, 2014
 Associated Press
Gay marriage advocates nationwide heralded the ruling striking down deeply conservative Kentucky's ban on same-sex marriage as a significant milestone, though matrimonies won't begin in earnest there anytime soon.
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Young knows gay marriage ruling upset some

July 2, 2014
 Associated Press
The federal judge who struck down Indiana's gay marriage ban said he's well aware his decision upset some people, but that federal judges can't let public opinion sway their decisions.
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Couples rush to marry after ruling makes same-sex marriage legal in Indiana

July 2, 2014
Marilyn Odendahl, Dave Stafford
The race to the courthouse began for many couples shortly after Richard Young, chief judge of the U.S. District Court for the Southern District of Indiana, issued a ruling that declared Indiana’s ban on same-sex marriage unconstitutional and permanently enjoined the state defendants from enforcing the laws barring same-sex marriage.
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Judge says no to Love but yes to marriage

July 2, 2014
Marilyn Odendahl
Two days after a judge overturns Indiana's ban on same-sex marriage, the 7th Circuit Court of Appeals granted the state’s request to stay the ruling pending an appeal.
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7th Circuit grants motion recognizing marriage of same-sex couple in Indiana

July 1, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals has issued an order compelling the state of Indiana to recognize the marriage of one same-sex couple.
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AG offers county clerks guidance on same-sex marriage questions

July 1, 2014
Marilyn Odendahl
Indiana Attorney General Greg Zoeller’s office issued a memo to county clerks July 1 attempting to clear the confusion lingering from the several days when same-sex marriage was legal in Indiana.
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Indiana argues same-sex marriage of terminally ill woman should not be recognized

July 1, 2014
Marilyn Odendahl
While conceding the same-sex marriage lawsuit involving a terminally ill Indiana woman would warrant an exception, the Indiana attorney general maintained no legal exception has been found and the marriage should not be recognized by the state.
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Same-sex couple facing terminal illness files emergency motion with 7th Circuit

June 30, 2014
Marilyn Odendahl
The couple who won an initial battle to have their same-sex marriage recognized – a case that foreshadowed the overturning of Indiana’s marriage law last week – is now fighting the emergency stay granted June 27 by the 7th Circuit Court of Appeals.
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Court puts Indiana gay marriage ruling on hold

June 27, 2014
 Associated Press
A federal appeals court on Friday put on hold a judge's order striking down Indiana's gay marriage ban, bringing same-sex marriages to a halt and leaving those who've already tied the knot in legal limbo.
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10th Circuit ruling pushes gay marriage closer to Supreme Court

June 26, 2014
 Associated Press
The first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court of the United States will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage?
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Some Indiana clerks refuse to issue same-sex marriage licenses

June 26, 2014
Dave Stafford
A federal judge’s ruling declaring Indiana’s ban on same-sex marriage unconstitutional doesn’t trump a clerk’s religious convictions in one county. Elsewhere, county clerks are being instructed that it’s up to them whether they issue licenses to gay couples.
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Indiana attorney general appeals marriage ruling

June 26, 2014
Marilyn Odendahl
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
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Indiana attorney general appeals marriage ruling

June 25, 2014
Marilyn Odendahl
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
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Marriage ruling brings Indiana same-sex couples to the courthouse

June 25, 2014
Marilyn Odendahl, Dave Stafford
Together more than eight years, Craig Bowen and Jake Miller finally got to say “I do.” The men made history June 25 when they became the first legally wed same-sex couple in Marion County. The pair went to the Marion County Clerk of the Court’s office shortly after a federal judge ruling the state’s ban on same-sex marriage was unconstitutional.
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Indiana same-sex marriage ban overturned

June 25, 2014
Marilyn Odendahl
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.
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State appeals ruling recognizing single same-sex marriage

June 19, 2014
Dave Stafford
Indiana Attorney General Greg Zoeller has asked the 7th Circuit Court of Appeals to reverse an Indianapolis federal judge’s ruling requiring the state to recognize the same-sex marriage of two women, one of whom is gravely ill.
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7th Circuit to hear Indiana same-sex marriage challenge

May 21, 2014
Marilyn Odendahl
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
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Court rules Indiana must recognize couple’s same-sex marriage

May 8, 2014
Dave Stafford
Indiana must recognize the same-sex marriage of two women wed in Massachusetts, one of whom is gravely ill, a federal judge ruled Thursday. The state said it will appeal the narrow but historic ruling.
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Same-sex plaintiffs argue the governor enforces marriage statute

May 5, 2014
Marilyn Odendahl
Plaintiffs in Love v. Pence, the first lawsuit filed in March challenging Indiana’s ban on same-sex marriage, filed their response to the state’s motion to dismiss their complaint, arguing the governor has the power to order county clerks to issue marriage licenses.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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