Judge overturns Indiana marriage ban for purposes of recognizing - TopicsExpress



          

Judge overturns Indiana marriage ban for purposes of recognizing out-of-state marriages; ruling stayed pending appeal From the ruling: The phenomenon that the court previously observed has continued to grow. Since issuing its prior orders, two circuit courts have found bans similar to Indiana’s to be unconstitutional. This court reaffirms that conclusion today. Additionally, the court, after witnessing the Governor do what he claimed he could not do, reverses course and finds him to be a proper party to such lawsuits. The court wishes to reiterate that it finds the Governor’s prior representations contradicting such authority to be, at a minimum, troubling. Therefore, the court GRANTS Plaintiffs’ motion for summary judgment (Filing No. 19) and DENIES Defendants’ motion for summary judgment (Filing No. 25). The court also GRANTS Defendants’ motion for stay (Filing No. 35). Pursuant to the reasoning contained above, the court DECLARES that Indiana Code § 31-11-1-1(b), both facially and as applied to Plaintiffs, violates the Fourteenth Amendment’s Equal Protection Clause.
Posted on: Tue, 19 Aug 2014 23:15:51 +0000

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