U.S. District Judge Richard Young ruled against Indiana's ban on same-sex marriage on Wednesday, the latest in more than a dozen federal court rulings against state bans since the Supreme Court's pivotal decision against the Defense of Marriage Act a year ago.
According to the AP, the "mixed" ruling found that the ban violates the Constitution's Equal Protection and Due Process clauses. Here's Young's conclusion against the ban (emphasis ours):
The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. 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[s] 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.
It's not clear at this point whether marriages may begin immediately in the state or not, although Young's order was not stayed. In any case, the state is certain to appeal the ruling against its ban.
Update: Some county clerks in the state have already announced that they will comply with the ruling and marry same-sex couples starting today:
Same sex couples are starting to apply and complete their marriage license! pic.twitter.com/p3MJVcBzZc— Marion County Clerk (@MCCOindy) June 25, 2014
Here's the full opinion:
This article is from the archive of our partner The Wire.
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