Federal Judge Rules Indiana's Same-Sex Marriage Ban Unconstitutional

Illustration for article titled Federal Judge Rules Indiana's Same-Sex Marriage Ban Unconstitutional

Indiana has become the most recent state to have its ban on same-sex marriage declared unconstitutional by a federal court.


U.S. District Court Judge Richard L. Young ruled that the ban violated the due process and equal protection clauses of the U.S. Constitution, following his colleagues across the country. In his ruling, Young wrote went pretty broad, striking down not just the current ban, but any other potential law or future law which could deny marriage rights to same-sex couples.

Defendants and officers, agents, servants, employees and attorneys, and those acting in concert with them, are PERMANENTLY ENJOINED from enforcing or applying any other state or local law, rule, regulation or ordinance as the basis to deny marriage to same-sex couples otherwise qualified to marry in Indiana, or to deny married same-sex couples any of the rights, benefits, privileges, obligations, responsibilities, and immunities that accompany marriage in Indiana.

He also offered his own views on how he believes that the same-sex marriage issue will play out both legally and socially.

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.

County clerks now issuing marriage licenses include those of Marion, Hamilton, Johnson, Boone, Brown, Monroe, Hendricks, Madison, and Morgan counties.

Yay, Hoosiers!

Image via Shutterstock.



Polly's Pocket

More counties than that are issuing licenses. Here is a map of what the various counties are doing.

The Attorney General has already tried getting a stay on the ruling, and I imagine it will be contested. The Governor, Mike Pence, has basically made it his mission to prevent same-sex marriage, and was trying to force a vote on adding a clause to the Indiana constitution that marriage is defined as being between a man and a woman.

While you do have to go to a courthouse to get a marriage license there are basically no restrictions on who can marry you. Just so people know, anyone who is an ordained minister can perform marriages in Indiana, and all it takes to become an ordained minister is getting accepted by an organization. You can get it in around ten minutes on websites like https://theamm.org .