Marriage equality bans ruled unconstitutional in Indiana and Utah

A judge in Indiana has ruled that the state's ban on marriage equality is unconstitutional, and that it violates equal protection. Lambda Legal challenged the ban on behalf of five couples.

 U.S. District Court Judge Richard L. Young wrote, “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.”

Read more at Lambda Legal.

In Utah, a 10th circuit court judge upheld an earlier decision that found that state's marriage ban unconstitutional. That means the ruling applies to Utah, Wyoming, Colorado, New Mexico, Kansas, and Oklahoma. That does not mean marriage will begin in those states, but when the ban is challenged the lower courts have to listen to the 10th circuits decision, which means it is extremely likely that it will be overturned. Read more

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