Marriage equality advances after wins in Indiana and Utah
Gay marriage wins in Indiana and Utah
U.S. District Judge Richard Young, a President Clinton appointee, struck down Indiana’s ban on same-sex nuptials and did not put his ruling on hold. He joins 13 other federal judges who have ruled in favor of marriage equality since the Supreme Court’s landmark decision to strike down Section 3 of the Defense of Marriage Act (DOMA) exactly one year ago Thursday.Ruling (PDF): ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
The court has before it three cases, Baskin v. Bogan, Fujii v. Pence, and Lee v. Pence. All three allege that Indiana Code Section 31-11-1-1 (“Section 31-11-1-1”), which defines marriage as between one man and one woman and voids marriages between same-sex persons, is facially unconstitutional…The court GRANTS in part and DENIES in part the Plaintiffs’ motions for summary judgment and GRANTS in part and DENIES in part the Defendants’ motions.Summary judgment means that there is no case to be heard, that no argument is possible, because the question comes under settled law and there are no contested facts that are relevant.
The purpose of summary judgment is to “pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.”That is a huge success for us. Denying summary judgment on any point simply means that that point can go to trial, if it still matters. The bigots win almost nothing of substance at this stage, while we get this, and even more.
The state, by excluding same-sex couples from marriage, violates Plaintiffs’ fundamental right to marry under the Due Process Clause.and also, later in the decision, Equal Protection.