Wednesday, April 23, 2014

Judge: Indiana Has ‘No Valid Reason’ To Single Out Same-Sex Marriages

Two Indiana plaintiffs
Things continue to go less than well for Christofascists and Republican officials who oppose marriage equality largely because other than religious based animus, they can show no rational reason for barring only same sex couples from marrying.  In case after case their argument that marriage is procreation has fallen apart and rigged studies slamming gay parenting have been eviscerated in opposing briefs, on the witness stand in cross examination (think Michigan), and in amicus briefs filed by legitimate expert associations.  Thus, it is no surprise that a federal judge in Indian stated that the State of Indiana had proved no "valid reason" for the state's same sex marriage ban.     Here are excerpts from The New Civil Rights Movement:
Earlier this month, Federal Judge Richard Young issued a ruling barring the state of Indiana from enforcing its gay marriage ban against Niki Quasney and Amy Sandler (above) who were married in Massachusetts in 2013.

Although Nikki and Amy are part of a larger group of plaintiffs suing to have their marriages recognized by Indiana, they argued they had an “urgent need” for legal recognition because Nikki has fourth stage ovarian cancer. Judge Richard Young agreed, and granted them a temporary restraining order April 11.

Friday, the judge published his written order, explaining his rationale for his decision and it does not bode well for Indiana’s marriage ban. The ruling criticizes the state’s argument that it is in the state’s interest to protect marriages where the couples can procreate, saying it is the same argument being ruled against in marriage equality cases all over the country. All five of the cases challenging the state’s marriage ban have been assigned to Judge Young, so what he thinks counts.

Judge Young’s order states:
Lawyers for the state had not presented any “valid reason” why the state should not recognize Amy and Nikki’s marriage.

Nikki, Amy and their two children would likely suffer ‘irreparable harm” if the order was not granted.

Nikki and Amy and their fellow-plaintiffs are likely to prevail at trial.
It is that last pronouncement that must be causing Indiana Attorney General Greg Zoeller a sour stomach. His office released a statement hanging their hat on the fact that it was a narrow ruling and saying they would continue to zealously defend the ban.

What I find most baffling - although very helpful to the cause of marriage equality - is way in which the idiot anti-gay marriage protesters assemble outside courthouses holding religious signs that make it crystal clear that their opposition arises from one thing: religious based animus which is not sufficient to uphold discriminatory laws.

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