Marriage equality advances after wins in Indiana and Utah
Gay marriage wins in Indiana and Utah
U.S. District Judge Richard Young, a President Clinton appointee, struck down Indiana’s ban on same-sex nuptials and did not put his ruling on hold. He joins 13 other federal judges who have ruled in favor of marriage equality since the Supreme Court’s landmark decision to strike down Section 3 of the Defense of Marriage Act (DOMA) exactly one year ago Thursday.
Ruling (PDF):
ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
The court has before it three cases, Baskin v. Bogan, Fujii v. Pence, and Lee v. Pence. All three allege that Indiana Code Section 31-11-1-1 (“Section 31-11-1-1”), which defines marriage as between one man and one woman and voids marriages between same-sex persons, is facially unconstitutional…The court GRANTS in part and DENIES in part the Plaintiffs’ motions for summary judgment and GRANTS in part and DENIES in part the Defendants’ motions.
Summary judgment means that there is no case to be heard, that no argument is possible, because the question comes under settled law and there are no contested facts that are relevant.
The purpose of summary judgment is to “pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.”
That is a huge success for us. Denying summary judgment on any point simply means that that point can go to trial, if it still matters. The bigots win almost nothing of substance at this stage, while we get this, and even more.
The state, by excluding same-sex couples from marriage, violates Plaintiffs’ fundamental right to marry under the Due Process Clause.
and also, later in the decision, Equal Protection.
The judge explicitly referenced Loving v. Virginia in this ruling, putting denial of LGBT marriage rights on the same footing as racism.
See also BREAKING: Tenth Circuit Rules That Utah's Same-Sex Marriage Ban Is Unconstitutional, posted earlier this afternoon.
Update
What did we get?
Full Marriage Equality, including recognition of out-of-state marriages, as a Constitutional right under both Due Process and Equal Protection, not stayed by the District Court. The standard of judgment for this part of the decision is the highest level of protection, strict scrutiny.
Indiana may not enforce its anti-gay-marriage statute, nor may it use any other law to deny the right to marry, or to refuse any of the privileges and responsibilities of marriage. Court clerks are forbidden to refuse to issue marriage licenses, which in ordinary English means they are ordered to start issuing them ASAP. The Irish Bull does not apply.
The postmaster is neither obliged to give change nor authorized to refuse to do so.
Out-of-state marriages must be fully recognized.
This Court found that Indiana was engaged in discrimination on the basis of sexual orientation, where the current standard for judgment is indeed rational basis, with the explicitly stated understanding that the Seventh Circuit can take up the question of the appropriate level of scrutiny for sexual orientation again.
The court finds that there is no rational basis to exclude same-sex couples.
The Court also dismissed arguments that these suits are barred by various precedents.
This Order takes effect on the 25th day of June 2014.
Yup, that's today.
Hey, my cousin Alexa is married in Indiana today! She and her partner Samantha (on the left in the photo below) "eloped" to Chicago just recently, on the first day that it was legal in Illinois.
They are planning their reception for family and friends in August. Well, this ruling means that we have even more to celebrate, which we will do in part with Alex and Sam's 240Sweet artisan marshmallows. (You can, too. They ship across the country, and they offer memberships in their Marshmallow of the Month Club. You've heard of gifts that keep on giving, right?)
What did we not get?
Gov. Pence is not a proper defendant in the case, because he has no authority to permit or deny marriage rights under the law. That's one summary judgment against the plaintiffs. But the other defendants are proper, and will have to present their defenses if the state wants to continue to contest the matter further in District Court.
The Court rejected the claim that denying Marriage Equality is gender discrimination.
That's it.
A request for an emergency stay and an appeal are inevitable, but until some other court (either the Seventh Circuit Court of Appeals or the Supreme Court) issues a stay, same-sex marriages may go forward in Indiana. We must wait to hear whether Indiana state defendants will attempt to argue whatever is left before the District Court, or whether the full appeal can go to the Seventh Circuit Court of Appeals right now.
Conclusion
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.
No worries, love/mate, as the Ozzies might put it in a world turned upside down. Too right. Betsy stone the ding-dong crows.
Hoosier Daddy?