ILNews

Same-sex marriage memo keeps Pence as defendant in lawsuit

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.

Chief Judge Richard Young in the Southern District of Indiana held in Bowling, et al. v. Pence, et al., 1:14-CV-00405, that the state must recognize the marriage of Michelle and Shannon Bowling of Indianapolis, who were married in Polk County, Iowa, on Jan. 18, 2011. Shannon Bowling is employed by the Indiana Department of Correction, and the couple sued to seek state benefits for Michelle Bowling and her children from a previous relationship.

A third plaintiff, Linda Bruner of Greenfield, is seeking a divorce from her wife, whom she married in Sioux City, Iowa, on July 20, 2010. But a court in Indianapolis has said it has no authority to dissolve same-sex marriages, the ruling said. Young’s decision says she can seek the dissolution if the 7th Circuit upholds his ruling.

The judge reiterated his finding in the other same-sex marriage challenges by ruling Indiana’s marriage law violates the 14th Amendment’s equal protection clause. Bowling is the last same-sex marriage case on the District Court’s docket.

While Young'sruling that the state’s marriage statute is unconstitutional echoes his earlier rulings in the three cases now before the 7th Circuit, Young’s decision to allow Gov. Mike Pence to be included as a defendant is new.

In the three cases Young previously ruled on, he dismissed Pence as a defendant and threw out the first same-sex marriage case filed, Love v. Pence, because the governor was the sole defendant. At that time, the judge agreed with the state that the governor could not be a party to the challenge because he did not enforce the laws.

However, Young pointed out that since his June ruling in Baskin, et al.  v. Bogan, et al., Pence exercised authority he said he did not have when he issued a memo that directed executive branch agencies to function as though the marriage law had not been ruled unconstitutional. The governor sent the memo July 7, after the 7th Circuit had granted a stay in Baskin.  

“Additionally, the court, after witnessing the Governor do what he claimed he could not do, reverses course and finds him to be a proper party to such lawsuits,” Young wrote. “The court wishes to reiterate that it finds the Governor’s prior representations contradicting such authority to be, at a minimum, troubling.”

The 7th Circuit is scheduled to hear oral arguments next week on the state’s appeal of the June 25 ruling by Young throwing out Indiana’s same-sex marriage ban. Hundreds of same-sex couples were married legally in Indiana after the ruling and before the 7th Circuit issued a stay.

“The phenomenon that the court previously observed has continued to grow. Since issuing its prior orders, two circuit courts have found bans similar to Indiana’s to be unconstitutional. This court reaffirms that conclusion,” Young wrote in his ruling.

The Office of the Indiana Attorney General had sought a stay in the Bowling case and plans to file an appeal, spokesman Bryan Corbin said.

“As the lawyer for the state government, the Indiana Attorney General’s Office has a duty to defend Indiana’s statute – passed by the people’s elected representatives in the Legislature – from lawsuits that plaintiffs’ lawyers file, both in the trial court and on appeal.”

The attorney general’s office did not address Young’s ruling that Pence could be a named defendant.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT