INDIANAPOLIS– When a federal judge struck down the state’s gay marriage ban June 25, Indiana joined a string of decisions affirming equal rights since the U.S. Supreme Court ruled on the issue one year ago in United States v. Windsor.
In fact, since the Windsor case, those pushing for same-sex marriages have won 23 consecutive rulings, including tossing out Kentucky’s ban just last week.
“I do think it’s remarkable that there hasn’t been a single decision going the other way, state or federal, whether the judges are Republican or Democratic appointees,” said Camilla Taylor, marriage project director for Lambda Legal – a national law firm involved in Indiana’s lawsuit.
“Complete unanimity. That is striking and unprecedented.”
And lost in the shuffle of Indiana’s news was something even more significant. A federal appellate court in Denver for the first time sided with gay couples in declaring that Utah’s ban violated the 14th Amendment of the U.S. Constitution.
This is the case that is the furthest along procedurally and likely could be the one the U.S. Supreme Court rules on in the future.
In United States v. Windsor, the justices didn’t squarely address the issue of a state ban on gay marriage. Windsor, written by Justice Anthony Kennedy, invalidated part of a federal law that denied benefits to same-sex couples legally married in their states.
Curt Smith, president of the Indiana Family Institute, said the Supreme Court has to step in to clarify the issue.