Indiana’s ban on same-sex marriage has been deemed unconstitutional, as it violated the Fourteenth Amendment, says a federal judge.
U.S. District Judge Richard Young has just ruled that Indiana’s same-sex marriage ban is unconstitutional. The case involved five same-sex couples and is effective immediately. The state attorney general will appeal, but for now the ruling has not been stayed. It’s unclear if couples can begin marrying immediately.
“The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue,” Judge Young’s decision reads. “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. 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.”
Last month, a federal judge had ruled that the state must recognize the legal, civil marriage of one same-sex couple, Amy Sandler and Niki Quasney. Quasney is terminally ill with ovarian cancer which was diagnosed in 2009. The ruling, an emergency temporary restraining order, stands for 28 days.
“What an awesome day for Indiana,” Amy Sandler told Lambda Legal. “We are grateful that Judge Young concurs with recent court opinions and that he sees beyond our situation. Now, along with Niki and I, all couples in Indiana have the freedom to marry. We are especially happy for our children because they’ll be growing up in state that values all families equally.”
“We’re thankful that we no longer have to worry about what would happen if one of us becomes ill and we have to rush to the hospital,” Rae Baskin added. We have waited for this moment since we decided to share our lives with each other.â€Â
Hat tip: Lambda Legal