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Tuesday, April 22, 2014

Ind. Decisions - The status of the five Indiana same-sex marriage cases

Updating this ILB post from yesterday, here is a longer version of Charles Wilson's story for the AP. Some quotes:

In the 11-page order issued Friday, Young said he granted the request partly because the couple is likely to succeed in having Indiana's gay marriage ban declared unconstitutional. He also said that Quasney's terminal illness required urgent action.

"The Equal Protection Clause requires states to treat people equally under the law," wrote Young, who was appointed in 1998 by then-President Bill Clinton. "If the state wishes to differentiate between people and make them unequal, then it must have at least a legitimate purpose."

He also said his decision was due in part to a wave of similar rulings in other states, including two that dealt with terminally ill partners. * * *

Attorneys are due to present arguments May 2 over the couple's request for a preliminary injunction that would permanently bar Indiana from enforcing its gay marriage ban against their union, Castillo said.

The attorney general's office said in a statement Monday that it would continue to defend Indiana's gay marriage ban at the next stage in court.

"County clerks are still prohibited by law from issuing marriage licenses to other same-sex couples," spokesman Bryan Corbin said.

Indiana Solicitor General Thomas Fisher argued at the April 10 hearing in Evansville that the state has an interest in limiting marriage to couples who can have children. But Young noted in the order that the state routinely recognizes the marriages of couples who are too old to reproduce, and gay couples can form families in other ways.

He also wrote that the state's decision to not recognize gay marriages performed out of state didn't hold up because Indiana recognizes other marriages that take place outside of the state and violate Indiana laws, such as marriages between first cousins.

Jill Disis of the Indianapolis Star did a story March 14th that included a helpful side-bar distinguishing the five lawsuits, which are now all consolidated under Judge Young:The ILB has learned:The ILB shortly will be posting briefs in support of motions for summary judgment and for a preliminary injunction in Lee v. Pence. The ILB will post other documents as they may become available.

Posted by Marcia Oddi on April 22, 2014 10:06 AM
Posted to Ind Fed D.Ct. Decisions