Update: Indiana Gay Marriage Ban Lifted
UPDATE: As of this morning (June 26), Kosciusko County will be issuing same-sex marriage licenses.
Governor Mike Pence has addressed the ruling against Indiana’s ban on same-sex marriage. “Governor Pence supports the Attorney General’s efforts to appeal the federal court’s ruling and defend Indiana’s right to define the institution of marriage for the residents of our state,” said Kara Brooks, press secretary for Pence. “Because the Governor believes in the rule of law, the State of Indiana will comply with the federal court’s order as this case moves through the appeals process.”
Furthermore, St. Joseph County is now issuing marriage licenses to same-sex couples.
“Today’s ruling is further proof that bans on marriage equality like the one struck down in Indiana today cannot withstand judicial review,” said Human Rights Campaign legal director Sarah Warbelow in a press release. “Where you live should never determine whether or not you can marry the person you love
Today U.S. District Judge Richard Young has ruled that Indiana’s ban on same-sex marriages is unconstitutional, violating the Constitution’s equal protection clause.
“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,” wrote Young in court documents. “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.”
The ruling also states that the state cannot refuse to recognize out-of-state, same-sex marriages.
The ruling comes in response to several court cases brought before Young that alleged Indiana Code 31-11-1-1(b), which defines marriage as being between one man and one woman, is unconstitutional. In these cases, the plaintiffs claimed this code violates due process and equal protection under the Fourteenth Amendment of the United States Constitution.
It is reported that the Indiana Attorney General’s office will be appealing the ruling. In the meantime, the clerks at the Marion County will now be issuing marriage licenses to same-sex couples.
According to Kosciusko County Clerk Ann Torpy, the county is still waiting on response and guidance from the Indiana Attorney General’s office, as well as the county attorney, regarding how the local courts will proceed in light of this ruling.