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Judge strikes down Indiana ban on gay marriage

Associated Press
June 25, 2014
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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 same-sex couples differently than couples of opposing genders.

"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, said the office will start issuing marriage licenses immediately.

Marion County Clerk Beth White said she will perform short, civil marriage ceremonies for same-sex couples who make a $50 donation to a group supporting gay and transgender youths.

White's office also is changing the wording of its online marriage license application from bride and groom to spouse and spouse.

U.S. District Judge Richard Young's ruling takes effect immediately. County clerks across the state were expected to begin issuing marriage licenses for same-sex couples Wednesday.

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

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.

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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  • So you want to redefine?
    So you want to redefine marriage? So what is the new definition? Is it two men, two women, one man several woman, one woman several men? How about one man and one minor or one brother and one sister? Since marriage is ONLY about "Love" how about one person (help the transsexuals) and their pet? But!, if you do not pick all, are you discriminating their right to "marry". Where is the right to marry in the Constitution? There is one fact that is undisputable. And that is new life can only come from one man and one woman. By definition, homosexual unions cannot create life and therefore it is not equal. That is a fact. Oh but what about tax benefits, property rights, inheritance? Well, there is a tax penalty to being married. There is no longer inheritance tax in Indiana :). Proper power of attorney and end of life planning can be done by simple legal work. So what's the problem here? The problem is trying to redefine a natural fact that is divisive, unloving and unnecessary.
  • God Speaks
    Timothy Dixon - So you are sure God did say it, huh? When and where did God say it? And in what language - English? Hebrew? Greek? Arabic? If not English, who translated it for you? And just exactly what did God say according to the translation?
  • no turning back
    the words of foolishness my choices except the sickness of a society or you're a bigot I'll Just be on the safe side I'll be whatever you wanna call me have a nice day
  • no turning back
    I asked you this question would it matter if God himself Spoke on this matter no it wouldn't because of the hardness of the heart we are clearly a lawless society with a twisted and warped Minds we have judges and lawyers with no integrity of heart they are Callas by sin everything goes and nothing matters just as long as we're happy but what you fail to realize is God did Say it but you have been warned enough and the blood is no longer upon the hands of the guiltless and they tried to do their best to warn our society there's clearly going to be A day of reckoning have a wonderful day.
    • Gay marriage
      God made Adam & Eve, not Adam & Steve. Look into the days of Sodum and Gormorra, because their hears were evil and in the life style, turned into a pillard of salt. With the way things are changing, Jesus is coming soon.
    • In whose image?
      So, God is L, G, B, and T. The Image is backwards, you see. He, She, It, and They are made by We. No words are better, plainly.
    • As a proud Catholic,
      I am extremely happy of this far delayed ruling. My personal belief is that all people were created equally, in God's image. There is no reason to try and limit the equality of one person over another, simply because God designed them differently. The beauty of it is that we are all designed differently, we are all unique.
      • To fmlyman
        Fmlyman, I don't see where your god (is he Jesus? Jesus didn't say anything about homosexuality. All I seem to have learned from Jesus' teachings is love, tolerance and acceptance, among other things such as the Golden Rule...) restricts marriage to only a man and a woman. However, you seem to talk to god so surely you would've been aware of this: Exodus 22:19 “Anyone who has sexual relations with an animal must be put to death.” Leviticus 18:23 “Do not have sexual relations with an animal and defile yourself with it. A woman must not present herself to an animal to have sexual relations with it; that is a perversion.” Leviticus 20:15-16 “If a man has sexual relations with an animal, he must be put to death, and you must kill the animal. If a woman approaches an animal to have sexual relations with it, kill both the woman and the animal. They must be put to death; their blood will be on their own heads.” Deuteronomy 27:21 “Cursed is the man who has sexual relations with any animal.” So now that the truth is out about you an Annabelle, perhaps you should repent.
        • EB Indy
          EB Indy, nothing that Preston said is untrue.
        • OK So...
          Nothing will change here in Indiana. We will continue to burn crosses in lawns, we will continue to carry our guns, we will continue to hate everyone and everything we have always hated. Mr. Zealot (whoops, typo, meant Zoeller) will continue to have a job fighting, desperately, moving our state back into the 19th Century (much less, the 20th Century and, Heaven forbid, we should ever enter the 21st). So, rest well, fellow Hoosiers: the world will not come to an end and, Henny Penny, the sky is not falling...
        • Poor Phil
          No one says you have to embrace this lifestyle just because of the Judge's ruling...in America, you are free to be as bigoted as you want, and follow any religion you like...no gay person is telling you have to be gay, or approve of what they are doing...they can attend their non-judgmental gay friendly church, or not attend church. and you can continue to go wherever it is you go...why is that so threatening to you? A quick Google produces 81 countries where homosexuality is illegal...37 are in Africa (by the way, it is illegal to be Caucasian in a couple of those)...in Asia, 22 more including such stable destinations as Syria Iran, and Afghanistan...feel free to expatriate yourself anytime Phil...see that's the thing about legislating morality...it never stops...pretty soon the same government you see as "protecting you from those gays" is telling you that you can't do all sorts of other things that you enjoy doing...tolerance was Jesus' lesson (one of many)...have tolerance, leave Judgment to your higher power, it harms you not what people do consensually in their own bedrooms, just as someone saying they worship one God, or 10 Gods, or no God doesn't harm you personally...Mark Twain once said "If Christ were here there is one thing he would not be - a Christian"...truer words never spoken...
          • By all means
            there are plenty of counties in the world that think as you do on this one, please feel free to go. they would probably stone you over the goat though, and even if they didnt you probably wouldnt be able to vote, have free speach, freedom of assembly, freedom of the press, a medical system that uses science (you may not mind dumping the science thing) or any number of other rights.
          • Proper Ruling...
            That neither the AG nor the Legislature, in their little bubble, will acknowledge as correct...no doubt they will go on wasting our taxpayer dollars on this useless endeavor to legislate morality, appealing ad infinitum, and then redrawing the statute in response to the rulings...they have no jobs or economic stimulus ideas, and so they must continue their Social Issue platform to stimulate and frighten their base. As for fmlyman, I doubt seriously that you are as irresistible to Annabel as you imagine...I am guessing she sees the feedbag as stimulating, and the relationship a bit one sided...love the ridiculous analogies though, keep 'em coming...as Independent minded notes, the Founders sought to establish religious freedom for all citizens, not to allow one religion prominence over all others...as Thomas Jefferson famously said, "Because religious belief, or non-belief, is such an important part of every person's life, freedom of religion affects every individual. Religious institutions that use government power in support of themselves and force their views on persons of other faiths, or of no faith, undermine all our civil rights. Moreover, state support of an established religion tends to make the clergy unresponsive to their own people, and leads to corruption within religion itself. Erecting the "wall of separation between church and state," therefore, is absolutely essential in a free society". And for those of you whining about this decision (almost no one commenting here is whining), the "Wall of Separation between church and state" that Jefferson used here has been upheld numerous times by the Supreme Court as an accurate description of the Establishment Clause of the Constitution. So please stop trying to force your version of morality or religion on the rest of us, and leave judgment to someone else. How about doing something to stimulate the Hoosier economy, I see the unemployment rate is up again in this supposedly friendly business state...
          • 1 man
            1 judge thinks he can make this decision. LMFAO. I wish there was potential to find a new country so those of us who prefer to not embrace that lifestyle could move to.
            • fmlycreaton
              Mr Famly Creaton, your god is not the same as my god...oh wait i dont believe in god!, anyway, you should quit sleeping with said goat...i believe your though process has been affected.
            • Talking With God
              I'm always a little nervous when someone takes a position on a matter of public policy because it was mandated by God. Apparently fmlyman thinks he has a direct pipeline to God that the growing majority who support gay marriage do not. Or is he getting this from the Bible that, assuming its translation into English conveys its meaning properly, requires that people who work on the Sabbath or who commit adultery be stoned to death? I only hope God protects us from those who purport to speak for God.
              • about time
                its about time that the lgbtq community is treated as equals in every way.. Great day for Indiana.
              • Hooray!
                A great day for Indiana. Greg Zoeller needs to focus on some real issues for a change.
              • Thank you
                Thank you for taking away the ridiculous parameters that have been in place in regard to marriage for centuries. I mean who has the right to say that marriage should be limited to one man and one woman. I have been love with my sweet Annabel for ten years now and we have been prohibited from consummating our love for all these years. The fact that she is a goat should not have anything to do with it. I'm sure that with this ruling we can now finally be joined together since we now know that any parameters on marriage are wrong. And who was that who limited marriage to a man and a woman? Oh yeah, that was God.
                • Thank you
                  Thank you Judge Richard Young for recognizing that discrimination is wrong. Always.
                • The Right Decision
                  Thank you courts, for protecting the minority. It is a good day for freedom.
                • Thank you Feds!!
                  Hoosiers bailed out by the Federal Court! Thank you!!! Keep saving us from our insane State Legislature please!!
                • Thank you!!
                  Thank you Judge Richard Young!!!! Hopefully the hateful Republican party won't appeal this ruling.
                • Good Job
                  Indiana republicans, for fighting, and continuing to fight, a win-less battle at the expense of Indiana taxpayers. the party of "fiscal responsibility." What. A. Joke.

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