ILNews

State appeals ruling recognizing single same-sex marriage

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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.

Chief Judge Richard Young of the U.S. Court for the Southern District of Indiana on May 8 granted a preliminary injunction preventing the state from enforcing a law barring same-sex marriage, but only for Niki Quasney and Amy Sandler. Young ruled their Massachusetts marriage must be recognized, and ordered that Sandler be recognized as Quasney’s surviving spouse on a death certificate if Quasney dies in Indiana. She has been diagnosed with Stage IV ovarian cancer.

The state has moved for a stay of that order, but Young has yet to rule. The case, Baskin, et al. v. Bogan, et al., 1:14-CV-00355, involves numerous couples and is one of at least five cases pending before Young that challenge Indiana’s ban on same-sex marriage.

In its brief to the 7th Circuit filed Wednesday, the state argues there is no constitutional right for individuals to have other types of state licenses recognized by other states, according to Bryan Corbin, spokesman for the AG’s office.

The filing argues there is no right “to have a license issued in one state – whether for professional, weapons, driving or marriage purposes – treated as valid by government and courts in another … Otherwise, States would have to recognize and treat as valid one another’s law licenses, medical licenses, concealed-carry gun permits, driver’s licenses, and notary public commissions, just to name a few.”

Numerous states have rejected laws banning same-sex marriage since the Supreme Court of the United States' decision last year in U.S. v. Windsor, but the AG’s office notes, “the Supreme Court has not ruled that states are required to legally recognize same-sex marriages granted in other states.”

In granting the injunction Young wrote of the contentious nature of the issues and cautioned his ruling wasn’t a resolution on the merits of the case but rather “a preliminary look, or in other words, a best guess by the court as to what the outcome will be.

“Currently, all federal district court cases decided post-Windsor indicate that Plaintiffs are likely to prevail. Nevertheless, the strength or weakness of Plaintiffs’ case at the time of final dissolution will inevitably be impacted as more courts are presented with this issue,” he wrote.
 

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  • Straights vs Gays
    You do realize that straight people make gay babies. So that means we are ALL THE SAME. Let me get married and let this law stay.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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