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Same-sex plaintiffs argue the governor enforces marriage statute

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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.  

Represented by Louisville attorneys at Clay Daniel Walton & Adams PLC and Fauver Law Office PLLC, the plaintiffs filed their opposition to the state’s motion in the U.S. District Court, Southern District of Indiana.

Indiana is seeking to have Love dismissed on the grounds that the sole named defendant, Gov. Mike Pence, cannot provide relief. The Indiana attorney general contends the governor does not issue marriage licenses nor does he perform any other function that would recognize marriages solemnized in other states.

The four couples counter that as a “basic matter of civics,” laws are enforced through the executive branch. Therefore, since the governor is the head of the executive branch, he is the proper defendant.

Moreover, granting the state’s motion to dismiss would, in the extreme, mean employees in every county clerk’s office who actually take the marriage application would have to be named individually as a defendant, the plaintiffs argue.   

“Under Defendant’s theory, if the entity is not included as a defendant in the suit, the citizens of the state are just stuck with unconstitutional policy, and the Governor is powerless to intervene,” the plaintiffs’ assert. “There is no need for such complicated musings, because there is one entity, one person, who has the authority to direct change in all of these avenues. That person is the Governor.”

Love v. Pence, 4:14-cv-00015, is one of five lawsuits seeking to have Indiana’s statute defining marriage as between one man and one woman declared unconstitutional. All the cases are being argued before Chief Judge Richard Young.

 

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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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