Thread: Same sex marriage

seems like it's at least one a month now-a-days. little over two years this thread might be complete

Federal Judge Strikes Down Indiana's Ban On Same-Sex Marriage

U.S. District Court Judge Richard L. Young, a Clinton appointee, ruled Wednesday that Indiana’s state law banning same-sex couples from marrying or having their marriages from other states recognized is unconstitutional. The ruling takes effect today, though will likely be stayed as rulings in other states have been.

According to Young, “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.” He expects that, “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,” he concluded,” are in all respects like the family down the street. The Constitution demands that we treat them as such.”

Indiana is one of the few states that bans same-sex marriage in state law only, and not in a constitutional amendment. The legislature stalled efforts to pass such an amendment in 2014, delaying its consideration until 2016 at the earliest.

Young’s decision follows an earlier ruling in the case guaranteeing recognition of the marriage of Amy Sandler and Niki Quasney due to Quasney’s fight with ovarian cancer.

Indiana is the fourteenth state to have its ban on same-sex marriage overturned by a federal judge in the year since the Supreme Court overturned the federal Defense of Marriage Act almost exactly one year ago.

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Federal appeals court overturns Utah's ban on gay marriage

In a decision coming from Utah, a federal appeals court on Wednesday for the first time backed gay marriage.

The Denver-based U.S. 10th Circuit Court of Appeals upheld a lower-court decision that struck down the state's bans on same-sex marriage.

The ruling, which was stayed, sets the stage for an appeal to the U.S. Supreme Court, which touched off the current round of legal fighting on the issue when it struck down parts of the federal Defense of Marriage Act last year.

"We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws," according to the decision posted on the court's website. "A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.

"For the reasons stated in this opinion, we affirm."

The Utah case was the first in the nation in which a federal judge struck down a state ban on same-sex marriage. Still pending on appeal is a Virginia case that also struck down a state ban.