The Indiana legislature, woefully out of step with the times, has been working to get a referendum on a state-wide ballot this November that would amend the state's constitution and ban same-sex marriage. Indiana currently prohibits same-sex marriage, but that measure was passed by the legislature only and was never presented for a ballot vote.
On Wednesday, Federal District Judge Richard Young made the issue moot by calling any ban on same-sex marriage unconstitutional. "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."
I would change his statement slightly to read "These couples ARE the family down the street."Judge Young did not issue a stay on his order and state clerks began issuing marriage licenses immediately.
Through a spokesman, Governor Mike Pence (R) said he believes that Indiana has the "right to define the institution of marriage for the residents of our state". The state will appeal Judge Young's decision.
Because wasting more money on a lost cause is an example of smart government?
2. Utah
Last December, Federal District Judge Robert J. Shelby overturned Utah's ban on same-sex marriage. State Attorney General Sean D. Reyes immediately appealed the opinion, becoming one of ten states taking their arguments to the U.S. Court of Appeals.
Yesterday, the 10th Circuit U.S. Court of Appeals became the first Appeals Court to announce their decision on the issue. In a 2-1 ruling, the Court decided against the state. "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 persons in the marriage union."
Oklahoma also has an appeal on the docket of the 10th Circuit Court. The Utah decision does not bode well for that state's petition.
Attorney General Reyes announced that his office will appeal to the U.S. Supreme Court. A stay will remain in place while the case continues, though some clerks are issuing marriage licenses obviously in preparation for the day when the state ultimately loses its final appeal.
The Supreme Court could decide not to hear the case; but given the current social climate, I don't see that happening.
Update:
3. South Carolina
In April, I wrote about a newly elected South Carolina mayor firing a popular police chief because she was openly gay. At the time, he stated that he'd rather have his children protected by a drunk "than I had somebody whose lifestyle is questionable around children."
http://whateyethynk-politics.blogspot.com/2014/04/eye-recommend-south-carolina-mayor.html
After repeated pleas to Mayor Earl Bullard asking him to reverse the firing were ignored, the citizens of Latta, South Carolina held a referendum vote this week. The result was 328 to 147 for stripping the Mayor of most of his powers and giving those powers to the City Council. The vote will be certified on Friday morning and the Council plans to reinstate Chief Crystal Moore the same day.
This whole thing makes me wonder how a bigot like Earl Bullard could get elected in the first place, even in a conservative place like South Carolina. The referendum result proves that the town is more open minded than the man they put in office. Maybe the good people of Latta, South Carolina will be more careful with their votes in the future.
Ultimately, this week's move gives me hope for the South.
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