« Law (not) - At lunch with John Grisham | Main | Ind. Gov't - Daniels' insurance aide pulls out »

Thursday, January 20, 2005

Ind. Decisions - Court of Appeals rules that the Indiana Defense of Marriage Act is constitutional

Ruth Morrison, et al. v. Sadler (1/20/05 IndCtApp) [Constitutional Law]
Barnes, Judge

[The ruling is 42 pages, Kirsch, C.J. concurs, Friedlander concurs with opinion starting on p. 37.]

Here is a remarkably quick AP story on the decision, on the Indy Star webpage. Some quotes:

The Indiana Court of Appeals ruled today that the state's law banning gay marriages can stand. The ruling rejected a challenge by three homosexual couples to a 1997 state law prohibiting the state from recognizing same-sex marriages, even those that take place in states where it is legal.

"What we decide today is that the Indiana Constitution does not require the governmental recognition of same-sex marriage, although the Legislature is certainly free to grant such recognition or create a parallel institution under that document," the court said in its ruling. * * *

The court ruled that the ban did not violate the constitution because "opposite-sex marriage furthers the legitimate state interest in encouraging opposite-sex couples to procreate responsibly and have and raise children within a stable environment."

"Regardless of whether recognizing same-sex marriage would harm this interest, neither does it further it," said the ruling written by Barnes in which the other two judges concurred.

The court said that the ability of opposite-sex marriages to reproduce distinguishes them from same-sex couples and that the couples who filed the lawsuit did not establish that they had a "core value" right to marry and receive the governmental benefits of marriage. * * *

The ruling comes amid a national debate on the legality and morality of same-sex marriage that has been raging since 2003, when Massachusetts became the first state to legalize the unions. Opponents were bolstered by last year's elections, when 11 states pushed through constitutional amendments banning gay marriage. And President Bush has promised to make a federal anti-gay marriage amendment a priority of his second term.

Posted by Marcia Oddi on January 20, 2005 08:27 PM
Posted to Ind. App.Ct. Decisions