Monday, March 10, 2014

Suit Challenges Indiana's Same-Sex Marriage Statute

A suit is being brought against Indiana's statute on same-sex marriage by four couples arguing that the state's law refusing to recognize legally married same sex couples from other states violates the U.S. constitution’s guarantees of equal protection and due process. Their suit says that Indiana “has no rational, legitimate, or compelling state interest in treating same-sex couples any differently from opposite-sex couples.”

It also claims that marriage is a fundamental right and that the U.S. constitution requires it to be recognized across states: “Same-sex spouses who have entered into legal marriages in other jurisdictions have a reasonable expectation that they will continue to be protected by the rights and protections conferred by marriage when they relocate to another state.”

In the past year similar suits have been won in Kentucky, Oklahoma, and Utah. (It's worth noting that an Indiana constitutional amendment could be overturned if it was found to violate the US constitution, as happened in Oklahoma and Utah.) Read more from the Statehouse File here.