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Tuesday, April 22, 2014

Ind. Courts - Documents filed yesterday in Lee v. Pence, the same-sex marriage recognition suit by Indiana police officers and retired firefighters

As promised earlier today, here are the documents filed by the plaintiffs yesterday in the case of Lee v. Pence:

Plaintiffs' brief in support of their motion for summary judgment begins:
Plaintiffs are entitled to summary judgment because the Defendants have violated the Equal Protection and Due Process clauses of the Fourteenth Amendment to the United States Constitution. Plaintiffs consist of four same-sex couples lawfully married in states other than Indiana. For the purposes of this litigation, the Plaintiffs do not ask the Court to order the State of Indiana to issue marriage licenses to the four couples, who have been lawfully wed in other states. Plaintiffs ask only that Indiana recognize their out-of-state marriages as possessing the same validity as out-of-state marriages between persons of different sexes. Plaintiffs ask the Court to negate Indiana’s presumed power to treat their marriages as null and void. In short, Plaintiffs ask the Court to vindicate their right to remain married.

Plaintiffs, all legally married in other states, are the victims of the discriminatory intent and effect of I.C. § 31-11-1-1 (referred to hereinafter as the “Marriage Non-Recognition Law” or the “Non-Recognition Law”). The Plaintiffs’ right to have their marriages recognized by Defendants, i.e., to stay married while in the State of Indiana, is a fundamental interest protected by the Equal Protection and Due Process Clauses. The State may only burden the exercise of Plaintiffs’ right to remain married when it has a compelling interest, and by means narrowly tailored to achieve that end. But there is no compelling or even substantial interest here. Indeed, Plaintiffs defy the Defendants to identify a single legitimate state interest that is rationally related to the Marriage Non-Recognition Law. * * *

The Plaintiffs include four married same-sex couples who ask that their lawful marriages solemnized outside of Indiana be recognized by the Indiana Public Retirement System ("INPRS"), which administers the 1977 Police Officers' and Firefighters' Pension and Disability Fund ("Pension Fund"). One member of each of the four couples is either currently working as a police officer or is a retired firefighter.

Posted by Marcia Oddi on April 22, 2014 04:48 PM
Posted to Indiana Courts