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 grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. 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

  3. 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!

  4. 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.

  5. 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.

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