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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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