Whatever the state of Indiana tries to do to stop same-sex marriages, it is inevitable that gay marriages will ultimately become legal in Indiana, as they should.
This is an issue headed squarely for the U.S. Supreme Court, which we expected will eventually declare it the law of the land, and not just in Indiana. The court is expected to declare that it is unconstitutional to forbid same-sex couples from wedding.
In Indiana on Wednesday, an Evansville based U.S. District Court Judge Richard Young struck down the state’s prohibition of same-sex marriage. With Wednesday’s court decision, Indiana became the 20th state to adopt same-sex marriage. Indeed, Indiana became the ninth state to allow same-sex marriage based on a court decision.
Although Young’s decision sent numerous same-sex couples to courthouses for marriage license, the office of Indiana Attorney General Greg Zoeller filed a notice of appeal with the federal appellate court in Chicago.
The AG’s office says it is premature to require Indiana to change it definition of marriage — only between a man and a woman — until the U.S. Supreme Court decides the issue.
Depending on time, official Indiana may attempt as well to try again for a state constitutional amendment to ban same sex marriages in Indiana. What a waste of time and reputation for Indiana that would be.
Earlier this year, pro-same sex advocates succeeded in convincing the Indiana Legislature not to approve a constitutional amendment to ban gay marriages. Lawmakers did approve a ban, but only after changing the language to take out a clause banning recognition of civil unions. That change in language pushed any vote on the proposed amendment back to 2016 or later. By then, we would expect that the U.S. Supreme Court will have ended this nonsense. Indeed, legal experts believe the issue would be moot by 2016.
Young held correctly that Indiana’s ban on gay marriage violated the equal protection clause of the U.S. Constitution
“These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitutional demands that we treat them as such.”
That’s on the money. However the state action Friday would cast their marriages into limbo by asking Young to put his ruling on hold as the state of Indiana carries out its appeal. In fact, in Indianapolis 186 same-sex couples were married Wednesday. We’re not sure whether these marriages, as well as those performed in Vanderburgh and other counties, will be considered valid, if Judge Young’s ruling is put on hold.
Regardless, this is a decision that is, by all rights, should assure gay and lesbian citizens the right to be treated equally.
Indiana does not need a referendum on the rights of same-sex couples, only a decision by the U.S. Supreme Court.