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Indiana's gay marriage ban struck down by federal judge Indiana's gay marriage ban struck down by federal judge
(about 1 hour later)
A federal judge in southern Indiana struck down the state's gay marriage ban, citing equal protection and due process clauses in the constitution.A federal judge in southern Indiana struck down the state's gay marriage ban, citing equal protection and due process clauses in the constitution.
Southern district of Indiana judge Richard Young ruled on three cases against the state on Wednesday. The ruling came moments before an appeals court in Denver ruled Utah's ban on same-sex marriage is unconstitutional.Southern district of Indiana judge Richard Young ruled on three cases against the state on Wednesday. The ruling came moments before an appeals court in Denver ruled Utah's ban on same-sex marriage is unconstitutional.
"In time, Americans will look at the marriage of couples such as plaintiffs, and refer to it simply as a marriage – not a same-sex marriage. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street," wrote Young in his conclusion."In time, Americans will look at the marriage of couples such as plaintiffs, and refer to it simply as a marriage – not a same-sex marriage. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street," wrote Young in his conclusion.
Young wrote that "the court has never witnessed a phenomenon" like that of same-sex marriage laws being struck down in one federal court after another. Marriage licenses are already being issued in Indiana’s capital city, where Marion County clerk Beth White said she would “uphold” the judge’s decision.
"It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love," Young wrote. “Judge Young’s decision on marriage equality sets forth a clear course of action for this office to follow regarding same-sex marriage licenses. It is my responsibility to uphold court rulings that impact this office and that is what I will do,” said White in a statement.
The decision comes about three months after the same judge forced the state to recognize the marriage of one couple, Amy Sandler and Nikole "Nikki" Quasney, married in Massachusetts. All three couples in the lead lawsuit have been together for more than 10 years. There are 92 counties and 11,074 same-sex couples in Indiana, according to the Williams Institute 2010 Indiana census snapshot.
Although an amendment was introduced every year since 2004, Indiana law didn't define marriage as between a man and woman until 2011. The decision comes about three months after the judge forced the state to recognize the marriage of one couple, Amy Sandler and Nikole "Nikki" Quasney. Sandler and Quasney were married in Massachusetts in 2013.
Quasney suffers from ovarian cancer, a disease with an average survival rate of five years. In June 2009, she had more than 100 tumors removed from her abdomen, and recently started a new round of chemotherapy. Young issued the injunction so the couple's marriage could be reflected on Quasney's death certificate.
The five couples in the lead case, Baskin v Bogan, have been together for more than 1o years. In total, the five children also have three children.
The state argued “the fundamental right to marry should be limited to its traditional definition of one man and one woman,” because the court would otherwise be defining a new for same-sex couples.
However, the judge agreed with plaintiffs in the lead case who argued that the couples wanted a right already afforded to opposite-sex couples: “The right to make a public commitment to form an exclusive relationship and create a family with a partner with whom the person shares an intimate and sustaining emotional bond.”
Young wrote that "the court has never witnessed a phenomenon" like that of same-sex marriage laws being struck down in one federal court after another. "It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love," Young wrote.
Young cited a number of landmark cases in his ruling, including United States v Windsor, the US supreme court case that struck down key portions of the Defense of Marriage Act, and Loving v Virginia, that struck down Virginia laws barring interracial marriage.
The judge dismissed portions of the lawsuit against Indiana governor Mike Pence, finding he did not administer marriage licensing.
The Indiana state department of revenue, listed as a defendant, to was directed to revise filing guidelines to allow same-sex spouses to file joint tax returns, "as they do for opposite-sex married couples". The Indiana pension system was also called upon to "provide the same benefits for all married couples, regardless of whether the couples are of the opposite sex or the same sex."
Indiana law didn't define marriage as between a man and woman until 2011, although an amendment was introduced every year since 2004.
“Only a female may marry a male. Only a male may marry a female,” the statute read.
Further, if couples provided false information to marriage license issuers or had an unlawful marriage solemnized in a religious ceremony, they could face criminal charges. The decision bars the state from pursuing such prosecutions.
Attorneys for the state of Indiana said they will appeal Young's decision to a federal circuit court, and advised county clerks that the office would issue "guidance" for issuing marriage licenses, "to avoid chaos during the appeal." The attorney general's office also said it will "quickly" ask for the ruling to be stayed, according to a statement.
Nevertheless, White said her office would be open until “at least” 4.30pm to perform marriage ceremonies, and that all couples would be “treated with dignity and respect.” At 1pm, she was not available to speak to the media because she was “performing marriage ceremonies.”
The attorney general's office also continued its opposition to Young's ruling that Sandler and Quasney could be listed as married on a future death certificate. The office said that there's no legal basis to suspend a statute for just two people in a state, and that Quasney's death certificate could be "amended at a later date".