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> Gay Marriage ban struck down in IN
Southsider2k12
post Jun 25 2014, 11:09 AM
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http://abcnews.go.com/US/wireStory/judge-s...rriage-24298066

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By CHARLES WILSON Associated Press
Associated Press

A federal judge struck down Indiana's ban on same-sex marriage Wednesday in a ruling that immediately allows gay couples to wed.

U.S. District Judge Richard Young ruled that the state's ban violates the U.S. Constitution's equal-protection clause because it treats couples differently based on their sexual orientation.

"Same-sex couples, who would otherwise qualify to marry in Indiana, have the right to marry in Indiana," he wrote. "These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such."

The clerk in Marion County, home to Indianapolis, says the office will start issuing marriage licenses immediately.

The Indiana attorney general's office said it would appeal the ruling but declined further comment.

The ruling involves lawsuits filed by several gay couples, who along with the state had asked for a summary judgment in the case. Young's ruling was mixed but was generally in favor of the gay couples and prevents the state from enforcing the ban.

Federal courts across the country have recently struck down gay marriage bans, but many of those rulings are on hold pending appeal. Attorneys on both sides of the issue expect the matter to eventually land before the U.S. Supreme Court.

"Indiana now joins the momentum for nationwide marriage equality and Hoosiers can now proclaim they are on the right side of history," Lambda Legal, the national gay rights group that represented five of the couples, said in a statement Wednesday.

A movement to add a gay marriage ban to the Indiana constitution faltered during this legislative session when lawmakers removed language about civil unions from the amendment. That means the soonest the issue could appear on a ballot is 2016, unless federal court rulings scuttle the proposed amendment.
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Southsider2k12
post Jun 25 2014, 11:31 AM
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Reading between the lines, it sounds like LaPorte County will not be issuing gay marriage certificates at this time, at least until the State of Indiana tells them it is OK to do so. The LaPorte County Clerk told me that the current law reads as such to categorize the people who are legally allowed to be married. They are waiting to hear if those categories will be changed because of this ruling. Changes will have to come from the IN Department of Health, as they are the ones who are in charge of marriage at the (for Indiana) State level.
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Southsider2k12
post Jun 25 2014, 11:38 AM
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http://www.wndu.com/home/headlines/Indiana...-264609401.html

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INDIANAPOLIS, Ind.--- The Indiana attorney general's office says it will appeal a federal court ruling striking down the state's ban on same-sex marriage.

Spokesman Bryan Corbin says attorneys are still analyzing Judge Richard Young's Wednesday ruling and will advise county clerks on what procedures they should follow in its wake. Corbin says the state will "quickly" ask Young to stay his order pending appeal.

The Marion County clerk's office already was issuing marriage licenses to same-sex couples and had begun performing ceremonies Wednesday.

Indiana law has defined marriage as between one man and one woman.

The attorney general's office had argued the ban should be left intact. Attorneys for the state argued that the Legislature has legal authority to determine how marriage is defined within Indiana's borders.
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Southsider2k12
post Jun 25 2014, 12:26 PM
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For those who are curious the ruling is found here. One interesting thing is that a part of the basis for this ruling is based on the same historical rulings that overturned previous bans on interracial marriages in the past.

http://www.wsbt.com/blob/view/-/26656620/d...ay-marriage.pdf
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Southsider2k12
post Jun 25 2014, 01:06 PM
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In addition to Marion County, it appears that both St Joe County and Lake County will/are issuing licenses to gay couples for marriages. LaPorte however isn't specifically mentioned by the current ruling, so they are waiting for orders from the state of Indiana. Currently any Clerk mentioned in the lawsuit cannot refuse to issue (Lake-Boone-Hamilton-Porter-Allen) – the rest have to wait for official order to proceed.
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Southsider2k12
post Jun 25 2014, 03:03 PM
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WSBT-TV is reporting that "A clerk" in LaPorte County said they WOULD issue gay marriage licenses.

I did receive this caveat from the Clerk's office "The State application form has a classification for Male and a classification for Female – if you wait it might have a more proper wording- otherwise your legal application will list someone female and someone male"
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Dave
post Jun 26 2014, 08:55 PM
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I saw a "just married" car honking it's way down Pine today -- wonder if it was carrying gay newlyweds.
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diggler
post Jun 28 2014, 03:18 AM
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Judge grants stay of Indiana gay marriage, those already wed in limbo


Updated: June 27, 2014 6:01PM

INDIANAPOLIS (AP) — A federal appeals court has put on hold a judge’s order striking down Indiana’s gay marriage ban.

The U.S. 7th Circuit Court of Appeals in Chicago issued the stay order Friday. A judge had struck down Indiana’s prohibition on same-sex marriage Wednesday, saying it’s unconstitutional.

The court’s order halts same-sex marriages in Indiana and leaves the status of those couples already married in limbo.

State attorneys had asked Young to put his ruling on hold while it appeals. The attorney general’s office says it’s premature to require Indiana to change its definition of marriage until the U.S. Supreme Court weighs in on the issue as is widely expected.

Courts across the country have granted stays of similar rulings at either the district or appellate level until appeals can decide the issue.


QUOTE
This week’s big story came after Circuit Judge Chris Piazza ruled that Arkansas’ ban on same-sex marriage was unconstitutional. This struck down a 1997 law and a 2004 state constitutional amendment banning love of your fellow gender.

The fallout was swift and widespread. The Secretary of State’s office reports that over 150,000 divorces were filed through county clerk’s offices this week from heterosexual couples who could no longer trust the sanctity of their marriage. Meanwhile Little Rock and Saline County police officers are still managing massive riots that broke out around the Bass Pro Shops shopping center protesting the ruling.

http://www.rockcitytimes.com/week-rock-start-world-war-3/

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Southsider2k12
post Jun 28 2014, 10:44 AM
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So sad. Save the money, and drop the appeal. The State of Indiana has zero chance of winning.
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Southsider2k12
post Oct 6 2014, 02:25 PM
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According to Gov Pence, while he doesn't agree with the ruling, the State of Indiana "will uphold the rulings of our federal courts concerning marriage in the policies and practices of our state.

“As Governor of all the people of Indiana I am confident that Hoosiers will continue to demonstrate the civility for which we are known and respect the beliefs of all people in our state.”

http://www.wndu.com/home/headlines/Same-se...-278281751.html
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Groucho
post Oct 7 2014, 09:48 AM
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I just saw on the National News that the United States Supreme Court has refused to hear the pending cases from the Appeals Courts. The High Court has refused Certiorari, or refused to review, which is within their purview.

By not reviewing lower court rulings it allows those rulings to stand. The fly in the ointment will be if an Appeals Court says that a law against Gay Marriage is Constitutional. Then the Supreme Court will likely take the case because it is then a Federal Matter and there will be at least two Federal Appeals Courts in different circuits in opposite on the same matter. That will be the case if the cases are close enough to each other that they essentially overlap on the same question.

It's too early to call the game but it appears that those opposed to same sex marriage are down at that half...

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