Indiana Ban On Same Sex Marriage Struck Down By Judge, Same Sex Couples Allowed To Wed Immediately


On Wednesday, a federal judge ruled that the Indiana ban on same sex marriage is unconstitutional. U.S. District Judge, Richard Young followed the lead of nearly a dozen other states that have also ruled the ban on same sex marriages unconstitutional.

Judge Young stated, “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.”

Indiana’s Attorney General had this to say about the land historical decision:

“Until the United States Supreme Court determines that traditional marriage laws such as Indiana’s are unconstitutional, it is premature to require Indiana to change its definition of marriage and abide by this court’s conception of marriage. Nonetheless, marriages in violation of Indiana’s existing law have taken place, are taking place, and will continue to take place pursuant to this court’s order.”

Same sex couples across the state were overjoyed at the decision and many fastidiously began planning their marriage ceremonies. Indianapolis City Councilman Zach Adamson had the following to say:

“Now the state represents you, too, instead of segregating you out for discrimination. They have to treat me like my neighbor. It’s long overdue.”

However, despite the outpour of joy over the overthrow of the ban, some were disgusted by the ruling.

Curt Smith, president of the Indiana Family Institute stated the following:

“It’s a disappointing but not unexpected ruling. We are deeply disappointed at the lack of respect for Indiana statute and our legislature…. It is very distressing to see that marriage licenses are being issued and that presumably marriages will be performed in the near future on couples that are not authorized under state law.”

Many county clerks offices rushed to prepare for the onslaught of couples that were expected to rush in to secure their vows and solidify their love with the final piece of the puzzle. The ruling was announced at approximately noon and was effective immediately, giving the clerk’s offices little time to prepare, yet some embraced the chaos.

In response to issuing licenses, Marion County Clerk Beth White stated:

“The good people of Indiana have waited long enough. Right now, a door has opened. I want to get as many people in before that door closes.”

Despite the ruling, there are those that plan to appeal and strike down the decision. Whether or not the future appeals will affect those that are currently legally wed, remains to be seen.

Ken Falk, legal director of the ACLU of Indiana shared his thoughts on how the ruling will progress by saying, “What they have is a marriage, but it’s not yet clear how Indiana would treat that. U.S. Attorney General Holder did indicate in other situations that the United States would recognize those marriages for things like taxes and what have you. We’ll have to see what happens.”

The Marion County Clerk’s Office posted the following on their web site, in regards to same sex marriage licenses:

The Marion County Clerk’s Office is issuing same-sex marriage licenses. The clerk’s office will be open until 8 p.m. on June 25. The recent court decision overturning Indiana’s same-sex marriage ban can be found here. Prospective applicants are encouraged to research the marriage license application process for important details including where to apply and license fees. Prospective applicants should also begin their marriage license applications online.

Photo Courtesy: Zazzle.com

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