Landmark Marriage Victories: Indiana, Utah

Another fabulous day for marriage equality.  First up this morning was Indiana, reports Freedom to Marry:

U.S. District Judge Richard L. Young ruled in favor of the freedom to marry, striking down Indiana's ban on marriage for same-sex couples and becoming the latest judge in an amazing year of victories for marriage in every corner of the country. The ruling is the 21st consecutive victory in state and federal court for the freedom to marry since the U.S. Supreme Court's ruling in Windsor v. United States in June 2013. The ruling is the 17th win in federal court for marriage since June and comes just one day before the landmark first anniversary of the Windsor ruling.

The decision was issued in Baskin v. Bogan, a federal marriage case brought by Lambda Legal. Previously, Judge Young granted emergency relief for one same-sex couple by respecting their marriage.

Judge Young wrote in the ruling:

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 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.

Full text of the ruling here.

FTM also says, "Judges have struck down marriage bans now in 9 states in the past few months: Utah, Oklahoma, Virginia, Texas, Oklahoma, Arkansas, Idaho, Oregon, Pennsylvania, Wisconsin, and now Indiana. More limited decisions in favor of the freedom to marry have been handed down in Kentucky, Indiana, Tennessee, and Ohio. More than 70 cases are currently pending in state and federal court in every single state across the country."

The court did not stay its ruling, and marriages have started in Indiana.

And then a few minutes later, came this big news:

Today the 10th Circuit Court of Appeals in Denver ruled in favor of same-sex couples’ freedom to marry, upholding a marriage ruling out of Utah in December. It is the first ruling by a federal appellate court since last year's victory in the Supreme Court and, unless reversed, will pave the way for the freedom to marry throughout the 10th Circuit, including in Colorado, Oklahoma, Wyoming, and Kansas.

The ruling is stayed pending further action, which could include an appeal to the United States Supreme Court. The ruling, written by Judge Lucero, reads:

Our Circuit has not previously considered the validity of same-sex marriage bans. When the seed of that question was initially presented to the United States Supreme Court in 1972, the Court did not consider the matter of such substantial moment as to present a justiciable federal question. Since that date, the seed has grown, however. Last year the Court entertained the federal aspect of the issue in striking down § 3 of the Defense of Marriage Act (“DOMA”), yet left open the question presented to us now in full bloom: May a State of the Union constitutionally deny a citizen the benefit or protection of the laws of the State based solely upon the sex of the person that citizen chooses to marry?

Having heard and carefully considered the argument of the litigants, we conclude that, consistent with the United States Constitution, the State of Utah may not do so. We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union. For the reasons stated in this opinion, we affirm.

Full text of the Kitchen v. Herbert ruling here.


Update, 9:45 p.m.:  ¡Caramba! The Mexican Supreme Court today struck down a ban on same-sex marriage in the state of Baja California.  Break out the Dos Equis!


Update, 6/27, 8:40 p.m.: The Seventh Circuit Court of Appeals late this afternoon issued a stay of the Indiana ruling pending appeal.  So no more weddings in the Hoosier State for now.