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Motions in marriage lawsuits attack non-recognition of same-sex unions

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Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.

Plaintiffs in two lawsuits – Lee et al. v. Pence et al., 1:14-cv-00404 and Bowling, Bowling and Bruner v. Pence et al., 1:14-cv-0405 – argue Indiana’s non-recognition of their marriages legally solemnized in other states is a violation of the Equal Protection and Due Process clauses of the 14th Amendment. Also, the non-recognition prevents the couples from accessing tangible benefits and causes harm to their dignity.

“The right to have one’s marriage recognized by state authorities is inherent in the right to marry, without the right of recognition, the right to marry is meaningless,” the plaintiffs asserted in the Lee lawsuit. “The right to marry, of course, is a fundamental right which is deeply entrenched in American jurisprudence, and which necessarily entails the right to remain married and have one’s marriage recognized.”

The motions were filed April 21 in the U.S. District Court for the Southern District of Indiana.

Plaintiffs in Bowling also make the charge that Indiana’s marriage law violates the Establishment Clause because it advances religion. The couples claim the state’s argument against same-sex marriage is a “sham secular purpose” that attempts to hide the real purpose of furthering certain Judeo-Christian interpretations of the Bible.  

“Allowing the Defendants and the State of Indiana to continue to define marriage based on these religious interpretations has the primary effect of advancing specific religious beliefs,” the plaintiffs wrote. “By enforcing a religious-based definition of marriage, the Defendants are no longer neutral, which the Constitution requires. Defendants’ enforcement of Indiana’s DOMA shows government approval to a specific set of religious beliefs, which has the effect of sending a message to those who do not share those religious beliefs that their viewpoints are not as valuable as the religious beliefs approved by the majority.”

In addition, the Lee plaintiffs, who are all first responders, filed a motion for preliminary injunction. They are asking the court to preliminarily enjoin the state from refusing to recognize their lawfully wedded spouses as beneficiaries on their pension funds.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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