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Wednesday, February 12, 2014

Ind. Law - More on "Kentucky ban on gay marriages from other states struck down by federal judge"

Updating this post from earlier today, the federal judge's opinion re Kentucky states:

In the end, the Court concludes that Kentucky’s denial of recognition for valid same-sex marriages violates the United States Constitution’s guarantee of equal protection under the law, even under the most deferential standard of review. Accordingly, Kentucky’s statutes and constitutional amendment that mandate this denial are unconstitutional.
What would this mean if there were a similar decision in an Indiana federal court? Indiana's statute, IC 31-11-1-1, reads:
Sec. 1. (a) Only a female may marry a male. Only a male may marry a female.

(b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.

As added by P.L.1-1997, SEC.3. Amended by P.L.198-1997, SEC.1.

It is subsection(b) of the Indiana statute that would fall under the theory of the federal opinion, if applied to Indiana.

Posted by Marcia Oddi on February 12, 2014 03:24 PM
Posted to Indiana Law