“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,” the judge said in his opinion.
Amy Sandler (right) and her wife, Niki Quasney, in 2011.
AP Photo/Sun-Times Media, Jeffrey D. Nicholls
A federal judge in Indiana ruled Wednesday the state's law banning marriage for same-sex couples and the recognition of marriages between same-sex couples performed outside of the state is unconstitutional.
U.S. District Court Judge Richard L. Young struck down the state law, saying it violates due process and equal protection required under the 14th Amendment of the U.S. Constitution.
In his 36-page opinion, Young said the court has never witnessed "a phenomenon throughout the federal court system as is presented with this issue" and noted that every federal district court that has considered the issue has come to the conclusion that laws prohibiting marriage for same-sex couples 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," Young wrote. "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."
Young did not include a stay on his ruling, which takes effect immediately.
When reached by BuzzFeed, the Marion County Clerk's Office, which includes Indianapolis, said it has already issued marriage licenses to same-sex couples and will stay open until at least 4:30 p.m.
The ruling is the result of three separate cases: Baskin v. Bogan, Fujii v. Governor, and Lee v. Pence.
"We're thrilled that the court ruled in favor of liberty and equality for all same-sex couples and their children in Indiana," said Paul D. Castillo, a staff attorney for Lambda Legal, which brought the Baskin case on behalf of five same-sex couples in March.
"As Chief Judge Young recognized, these families, and so many others across the state, suffer significant harm when they are wrongly denied the freedom to marry the one unique person they love," Castillo said in a statement. "Indiana now joins the momentum for nationwide marriage equality and Hoosiers can now proclaim they are on the right side of history."
Previously, Young ordered Indiana to recognize the out-of-state marriage of a plaintiff couple in the case, Amy Sandler and Niki Quasney, because Quasney was diagnosed with a terminal illness and "her death is imminent."
"What an awesome day for Indiana," Sandler said of the Wednesday ruling in a release. "We are grateful that Judge Young concurs with recent court opinions and that he sees beyond our situation. Now, along with Niki and I, all couples in Indiana have the freedom to marry. We are especially happy for our children because they'll be growing up in state that values all families equally."
Young's order:
