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Young knows gay marriage ruling upset some

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The federal judge who struck down Indiana's gay marriage ban said he's well aware his decision upset some people, but that federal judges can't let public opinion sway their decisions.

U.S. District Judge Richard Young said it's for the common good that federal judges are immune to political pressure, indifferent to opinion polls and not beholden even to the politicians who appoint them. That freedom allows them to concern themselves only with the cases before them, he said.

"You determine the facts, and you apply the facts to the law," he told the Evansville Courier & Press. "Our forefathers, in determining that federal judges have lifetime tenure and should be isolated from politics, turns out to be a very wise decision."

Young ruled last Wednesday that Indiana's same-sex marriage ban was unconstitutional. His ruling allowed hundreds of gay and lesbian couples around the state to obtain marriage licenses around Indiana, and many of them were wed.

The U.S. 7th Circuit Court of Appeals issued a stay Friday putting Young's ruling — and county clerks' ability to issue marriage licenses for same-sex couples — on hold.

Young said his office received "a significant number of calls" after his ruling, but staff members handled those calls.

"I haven't talked to anybody, but they call in and, you know, we're here to serve the public and we can't ignore those calls. We have to answer them, talk to them, and listen," the judge said.

Young has a ready answer for anyone who might believe his ruling was judicial activism at its worst.

"They call it judicial activism if they don't agree with the decision," he said. "If they agree with the decision, then it's certainly not judicial activism. That means the judge is following the law and doing the right thing."

Young began his career not in courtrooms but in Democratic Party politics, when he helped with then-Sen. Birch Bayh's 1976 campaign for the Democratic presidential nomination.

The 61-year-old Iowa native has voted in Democratic primaries several times during his 24 years on the state and federal benches. He cast his last such ballot in 2008, the year Indiana's Democratic presidential primary assumed a pivotal role in the nomination battle between Barack Obama and Hillary Rodham Clinton.

"Coming in to Evansville, not knowing a whole lot of people, becoming involved in politics was a way for me to meet a lot of people with similar interests," he said Friday.

Young was nominated for the federal bench in 1997 by then-President Bill Clinton to succeed retiring federal judge Gene E. Brooks. He took office in March 1998 after approval by the Senate.

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  • no classes etc etc
    someone said "You can't grant some people certain rights and leave a group out." One the contrary! Many such examples exist to the contrary. Such as for minors. Or other types of incapacity based on age, felony conviction status, mental incompetence, citizenship, all of these "discriminate" between groups......... laws protecting property rights discriminate between the owners and non-owners..... shall we get rid of all those too? How about laws "discriminating" between prisoners serving sentencing in jail, and others not? Damn near every law has some kind of discrimination involved in one sense or another. So the notion that laws should not "discriminate' is linguistically meaningless. It's a whole lot of malarkey, some kind of naïve Rosseauvian Enlightenment sophistry, a verbal parlour trick to befuddle well meaning people into acquiescing to the extreme social engineering agenda of the radical homosexual lobby.
  • NOT
    the constitution does not say anything about "laws shall not be passed for purely religious reasons." that is not the first amendment. If we look at the First amendment it says in fact that "CONGRESS" shall make no laws and early American states were much involved with religion, democratically so. http://undergod.procon.org/view.resource.php?resourceID=69 Oh America its all about getting its citizens to die with a mouthful of sand for O. I. L. and "democracy" and then not get to have it at home.
  • egregious
    What is even worse, discrimination piled upon animus, is that currently, under the unjust law as it is now, only women can have babies. Well president snow will not have it so. I hereby decree it every man`s right to have babies. So let it be written, so let it be done.
  • Legal Status of married couples and civil rights
    The legal status of Married can currently only be bestowed on opposite couples. that is a violation of the civil rights of same sex coupes. It would be like if the state of Indiana said it's perfectly legal for everyone in Indiana to smoke weed,...except white people. You can't grant some people certain rights and leave a group out. Also, you can't enact a law for purely religious reasons. That is a violation of the 'establishment clause'. Laws may only be enacted for secular reasons only. If you ask the average guy on the street why gay marriage should be banned and he will tell you that's what the bible says, and at exactly that point you lose the legal argument.
    • whatever
      well to be fair to the judge, he has to follow the US supreme court which already ruled how they ruled. so the fix is already in. but the idea that the constitution of 1787 or the fourteenth amendment prohibits a definition of marriage as confined to heterosexual couples would have been unthinkable to the framers of either. so I guess now the constitution just means whatever we want it to, whatever is popular with the kinds of lobbies that are active in filing these kinds of social engineering lawsuits, and calling all traditional and religious institutions bigotry. OK, whatever, as the teenagers say

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    1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

    2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

    3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

    4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

    5. I totally agree with John Smith.

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