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Wednesday, July 23, 2014

Ind. Courts - "10 states join Indiana’s appeal of federal judge’s same-sex marriage ruling" [Updated]

Tim Evans reports in the Indianapolis Star:

The attorneys general of 10 states have joined in Indiana’s appeal of a federal judge’s ruling that found the state law banning same-sex marriage unconstitutional.

In a filing this week, the attorneys general of Alabama, Alaska, Arizona, Colorado, Idaho, Louisiana, Oklahoma, South Carolina, South Dakota and Utah filed a friend of the court brief alleging it is not the judicial branch’s role to determine whether same-sex marriage should be permitted.

Here is the amicus brief, authored by the Attorney General of Colorado, and joined by the other states listed.

ILB: No surprises here! These are many of the same 10 states that have signed on to the numerous amicus briefs authored in Indiana and filed by Attorney General Zoeller on behalf of the citizens of the State of Indiana in same-sex marriage cases throughout the country. See for example, this amicus brief, authored in Indiana and filed by the State of Indiana in the 9th Circuit, in support of the Governor and Attorney General of the State of Nevada. It was joined by ALABAMA, ALASKA, ARIZONA, COLORADO, IDAHO, MONTANA, NEBRASKA, OKLAHOMA, SOUTH CAROLINA AND UTAH.

Notice, however, that these numbers may be falling, this Feb. 26, 2013 ILB post notes:

Indiana is also the lead counsel on an amicus brief in Windsor, joined by 16 other states, arguing in favor of the federal Defense of Marriage Act (DOMA).
Among those who joined the Indiana-authored Windsor amicus brief were states such as Wisconsin, Michigan, and Virginia, now, like Indiana, parties in their own same-sex marriage lawsuits.

[Updated] Here is the amicus brief filed by the states in support of the State of Indiana's position. (h/t Celestino-Horseman)

Posted by Marcia Oddi on July 23, 2014 10:47 AM
Posted to Indiana Courts