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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 have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

    2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

    3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

    4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

    5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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