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Federal Judge Rules Indiana Must Recognize Out Of State Same-Sex Marriages: READ

YoungOn Tuesday, a federal judge ruled that Indiana must recognize same-sex marriages performed out of state, nullifying a provision of the state's ban on same-sex marriage that forbade gay couples wed elsewhere from being recognized as married in the Hoosier state. The AP reports:

U.S. District Judge Richard Young decided Indiana must recognize the marriage of Michelle and Shannon Bowling of Indianapolis, who were married in Polk County, Iowa, on Jan. 18, 2011. Shannon Bowling is employed by the Indiana Department of Correction, and couple sued to seek state benefits for Michelle Bowling and her children from a previous relationship.

Judge Young also issued a ruling in June that struck down Indiana's same-sex marriage ban in broader terms. Though weddings quickly ensued following his decision, the 7th Circuit Court of Appeals intervened and stayed Young's decision. Young's latest decision on same-sex marriages performed out of state is also stayed until the 7th Circuit has a chance to review. 

Read Judge Young's latest order, AFTER THE JUMP...

Bowling v. Pence District Court ruling by JohnMBecker

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Comments

  1. This was always going to be the Achille's Heel of the dumb marriage bans.

    How insulting it is and was, that US citizens married to Dutch nationals had more rights in the Netherlands than the Dutch citizen had in Indiana.
    The US citizen had a right of residence in the Netherlands; the Dutch citizen had no rights in Indiana.
    What a farce.
    What a travesty of the 'equal rights' pretensions of the US Constitution......all aspirational and not supported by the people of the USA.
    US citizens do not support their own constitution....that's about the size of it.

    Posted by: JackFknTwist | Aug 20, 2014 2:10:39 PM


  2. Pence and his lackey Attorney General Zoeller are trying to do anything they can to deny equality and side step the Federal Judges decisions. These Bible Thumpers will probably try to appeal SCOTUS if it is the probable positive outcome. They don't accept that this is not a Theocracy.

    Posted by: JEFF YORK | Aug 20, 2014 2:20:54 PM


  3. The best part of his ruling is that he found Pence's ability to, on one hand wriggle out of the lawsuit on one hand by stating he was not "in charge of marriage laws", yet issue memorandums saying "make these laws stick" on the other - troubling.

    Rather embarrassing for Pence and points out rather clearly what a complete slime-f*ck he is... in legal terminology, of course.

    Posted by: johnny | Aug 20, 2014 4:07:48 PM


  4. Too bad the court did not address the "right to travel" argument that it mentions at the end of its opinion. In terms of laws that prohibit recognition of valid out-of-state marriages, the "right to travel" argument is probably the strongest argument because it puts a tougher burden on the state to justify the refusal to recognize valid out-of-state marriages. See Shapiro v Thompson (US Supreme Court case in 1969) and cases that rely on the Shapiro decision (which dealt with welfare benefits, but the analysis is the same).

    Posted by: MiddleoftheRoader | Aug 20, 2014 4:11:43 PM


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