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Sunday, January 16, 2005

Ind. Decisions - More on pending Court of Appeals decision in same-sex marriage case

The Indianapolis Star today has a story headlined "Same-sex marriage ruling due: Decision is expected any day after year of waiting."

(Readers will recall an ILB entry from last Tuesday titled "Tomorrow is the one-year anniversary of the same sex marriage argument before the Indiana Court of Appeals panel.")

Some quotes from the Star story, written by Tim Evans:

In the 12 months since judges Michael P. Barnes, Ezra H. Friedlander and James S. Kirsch heard final arguments in the case on Jan. 12, 2004, the same-sex marriage issue has continued to generate controversy here and throughout the country:
  • Massachusetts legalized same-sex marriage after a court challenge similar to the one here, and officials in several other communities, from San Francisco to New Paltz, N.Y., briefly ignored state bans and issued licenses to thousands of same-sex couples.

  • In November, voters in 11 states approved constitutional amendments prohibiting same-sex marriage.

  • Democratic leaders in the House stymied legislation to enact a constitutional amendment in the 2004 Indiana General Assembly, but the measure is being revived in the current session.

  • President Bush came out during his re-election campaign in support of a federal constitutional ban.

  • National gay and lesbian advocacy groups clashed over whether the marriage fight is hurting other civil rights efforts.
Regardless of how the Indiana judges rule, the decision will shift the national spotlight to Indiana. This likely won't be the end -- attorneys in the case expect it ultimately to wind up before the Indiana Supreme Court. * * *

Same-sex marriage is America's new civil rights battleground, said Jennifer Drobac, a professor at the Indiana University School of Law-Indianapolis. The case hinges on a handful of complicated legal issues, and Drobac said religious beliefs make it hard for many Hoosiers to separate emotions from the legal points.

"I am not sure whether Indiana is ready to acknowledge same-sex marriage as the civil rights issue that it is," she said. Drobac said she hopes the judges are not sitting on the case to see how legislators respond to the proposed constitutional amendment.

"That would make this case moot," she said. "It would be a long wait, but we've already been waiting a long time for this opinion." More likely, Drobac said, the judges are still sorting out how the legal arguments relate to the Indiana Constitution.

While too much shouldn't be read into other decisions by the court and justices involved in the marriage case, Drobac said some recent rulings have recognized the rights of same-sex partners. "Justice Friedlander's recent call for the legislature to protect children of same-sex families highlights the irrationality and chaos that currently exist without some regulatory scheme for these families," Drobac said.

Another story in today's Star, this one by Michele McNeil, is headlined "GOP isn't giving gay marriage same sense of urgency now."

Posted by Marcia Oddi on January 16, 2005 02:18 PM
Posted to Ind. App.Ct. Decisions