Federal Judge Strikes Down Indiana Ban on Gay MArriage

Indiana

A federal judge in Indiana has ruledn the state's ban on gay marriage unconstitutional, Lambda Legal reports:

SandlerToday, U.S. District Court Judge Richard L. Young ruled that Indiana’s discriminatory ban on marriage for same-sex couples is unconstitutional. Lambda Legal challenged the law on behalf of five couples seeking the freedom to marry in Indiana or recognition of a marriage from another state.

Judge Young writes: “The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. 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. 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. The Constitution demands that we treat them as such.”

“We’re thrilled that the court ruled in favor of liberty and equality for all same-sex couples and their children in Indiana,” said Paul D. Castillo, Staff Attorney for Lambda Legal. “As Chief Judge Young recognized, these families, and so many others across the state, suffer significant harm when they are wrongly denied the freedom to marry the one unique person they love. Indiana now joins the momentum for nationwide marriage equality and Hoosiers can now proclaim they are on the right side of history.”

The case, Baskin v. Bogan, was filed on March 10, 2014 in the United States District Court for the Southern District of Indiana. Shortly thereafter, Lambda Legal filed a motion seeking immediate relief for Niki Quasney, Amy Sandler (pictured above) and their two children ages 3 and 1. Five years ago, Niki was diagnosed with stage four ovarian cancer, enduring multiple surgeries and years of chemotherapy. After nearly 14 years together, the couple married in Massachusetts last year.  In two separate decisions issued in April and May, the court ordered the State of Indiana to recognize their out-of-state marriage.

The judge did not issue a stay on his ruling according to the Indianapolis Star, which says that gay couples can start marrying immediately.

Marion County Clerk Beth White is marrying couples today for a $50 contribution to Indiana Youth Group.

And the weddings have begun.

Read the decision HERE.

Read more about the entire case HERE.

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Comments

  1. Was a stay issued?

    Posted by: Ozu | Jun 25, 2014 11:50:56 AM


  2. Activist judges

    Posted by: Bollox | Jun 25, 2014 11:52:13 AM


  3. And the GOP right-wing evangelical FOX-bot heads begin to explode in 5-4-3-2-1.....

    Posted by: jamal49 | Jun 25, 2014 11:53:05 AM


  4. Snark didn't post.

    Posted by: Bollox | Jun 25, 2014 11:54:57 AM


  5. OMG YASSSS I can get married now(Just need to find a boyfriend first though :( lol

    Posted by: Cory | Jun 25, 2014 12:00:33 PM


  6. @Bollox: Funny how you don't cry "Activist judges!" when a court supports any position you favor. The simple fact is that judges must rule on matters of law, not matters of tradition, faith, or public opinion. The law says, quite simply, that marriage is a right and the privileges attached, by law, to marriage cannot be denied to citizens on any arbitrary basis. "Sexual orientation" is such an arbitrary basis, as are religion, race, nationality, etc.

    You may not like same-sex marriage. Tough. I don't like people toting automatic rifles around the streets as if they expect to stumble upon a fire-fight.

    Posted by: Chuck Mielke | Jun 25, 2014 12:13:03 PM


  7. Two victories today: one in Utah and one in Illinois.

    Are the judges in Louisiana listening?

    Posted by: Clayton | Jun 25, 2014 12:25:16 PM


  8. OZU a stay was not issued, marriages can start immediately. I hope that the good people of Indiana will accept and embrace this ruling and not challenge it.

    CLAYTON, I think you mean Indiana.

    Posted by: TB | Jun 25, 2014 12:37:22 PM


  9. It may be harder to get stay for this considering it struck down only a statute ban and not a constitutional amendment.

    Posted by: Stefan | Jun 25, 2014 12:52:39 PM


  10. It may be harder to get stay for this considering it struck down only a statute ban and not a constitutional amendment.

    Posted by: Stefan | Jun 25, 2014 12:52:39 PM


  11. I can't help but think about the words of a great patriotic song: LET FREEDOM RING!

    Posted by: Sundoga | Jun 25, 2014 12:59:40 PM


  12. As I now live in Indiana, this makes be so very happy!

    Posted by: Phoenix Justice | Jun 25, 2014 1:23:10 PM


  13. YAY INDIANA!

    Posted by: Guillermo Luna | Jun 25, 2014 1:36:10 PM


  14. @Chuck. The word snark did not post after my comment. I'm gay and all for marriage eqality.

    Posted by: Bollox | Jun 25, 2014 2:49:18 PM


  15. *Equality.

    Posted by: Bollox | Jun 25, 2014 2:49:38 PM


  16. Hey Bollox, go read the 14th Amendment, blame our activist ancestors!

    Posted by: Owens | Jun 25, 2014 2:50:35 PM


  17. Just a week after the NOM march and the intervention of that SF priest "what's his name?", yet another defeat for the haters. The judge obviously was not listening. God not listening either. Another proof there is no god.

    Posted by: simon | Jun 25, 2014 3:11:39 PM


  18. I'm so glad there wasn't a stay. Marriages started immediately!! Huzzah! I hope the gay fashion police are a little more lax in Indiana than elsewhere, or they might arrest the very first married couple for one of the guys wearing shorts to his own wedding. (totally j/k)

    Posted by: Zlick | Jun 25, 2014 4:02:11 PM


  19. CONGRATS TO INDIANA - my homestate! I've lived in DC for five years now and never thought I'd see the day Indiana would have gay couples legally marrying (at least for now!)

    Posted by: reality | Jun 25, 2014 4:46:32 PM


  20. I can't help but think about the words of a great patriotic song: DO YA WANNA FUNK?

    With a chorus of "One nation, under the groove, gettin' down just for...the funk of it. Nothin' can stop us now!"

    Posted by: BowWowWowYippyYoYippyYAY! | Jun 25, 2014 7:37:42 PM


  21. In the words of Stephen Sondheim: "Marry me a little."

    Posted by: Hoosier Daddy | Jun 25, 2014 7:39:40 PM


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