NEWS

10 states join Indiana's appeal of federal judge's same-sex marriage ruling

Tim Evans
tim.evans@indystar.com

The attorneys general of 10 states have joined in Indiana's appeal of a federal judge's ruling that found the state law banning same-sex marriage unconstitutional.

In a filing this week, the attorneys general of Alabama, Alaska, Arizona, Colorado, Idaho, Louisiana, Oklahoma, South Carolina, South Dakota and Utah filed a friend of the court brief alleging it is not the judicial branch's role to determine whether same-sex marriage should be permitted.

"The moral, political, and social issues surrounding this case are profound and profoundly important," says the brief filed by Colorado Solicitor General Michael Francisco. "However, they are distinct from the purely legal principles that this court can address."

The move by the attorneys general came the same day that others weighed in to support the state's position, including Concerned Women for America and the North Carolina Values Coalition and Liberty, Life and Law Foundation.

"The only question before the court is whether a rational person can believe that redefining marriage, so as to belittle it to no more than a status symbol or a congratulatory certificate, could damage the institution's longstanding and undisputed role in helping to encourage opposite-sex couples to stay together and raise the children they create" the attorneys general argue.

"Yes, it is eminently reasonable for states to be cautious when redefining marriage."

The attorneys general argue that the U.S. Supreme Court ruling in a case last year "fully supports the state's authority to define marriage as the union of one man and one woman." They also contend the fundamental right to marry does not extend to marrying anyone one chooses.

The state is appealing the ruling last month by U.S. District Judge Richard Young, who found the state's law banning gay marriage and refusing recognition to same-sex couples legally married in other states violates the U.S. Constitution.

Indiana Attorney General Greg Zoeller also has asked for a review by the full 7th Circuit Court of Appeals, rather than a three-judge panel that would typically hear an appeal at this stage.

The American Civil Liberties Union of Indiana, Lambda Legal and a private law firm argued in a brief filed Monday that a three-judge panel of the 7th Circuit is enough. They say three-judge panels in other districts have heard similar cases and at least one has rejected a similar motion for a full-court hearing.

The appeals court has not yet ruled on Zoeller's request, which could push the Indiana case closer to a date with the U.S. Supreme Court.

Hundreds of couples were married from June 25, when Young struck down the state's gay marriage ban, to June 27, when the 7th Circuit court stayed the decision.

The stay means that marriages performed during those three days are in legal limbo. The governor's office said in a memo earlier this month that the state of Indiana won't recognize those marriages.

ACLU of Indiana legal director Ken Falk said the marriages were legal, and sent a letter to U.S. Attorney General Eric Holder on July 11 asking him to issue a statement that the federal government will recognize the marriages as he did in Utah and Michigan, which would make Indiana's couples eligible for federal benefits for married couples.

The Associated Press contributed to this story.

Call Star reporter Tim Evans at (317) 444-6204. Follow him on Twitter: @starwatchtim.