Indiana Court of Appeals rebuffs attack on state Defense of Marriage Act
Autor: ---- Fuente: Alliance Defense Fund

INDIANAPOLIS—The Indiana Court of Appeals today ruled unanimously that “the Indiana Constitution does not require the governmental recognition of same-sex marriage.” The ruling is the third court victory in two days for defenders of marriage.

“Today was the third strike in a row for same-sex ‘marriage’ advocates trying to force their will upon the rest of America through the courts,” said Glen Lavy, senior vice president of the Alliance Defense Fund’s Marriage Litigation Center. “These setbacks will make it more difficult for them in future cases.”

A group of homosexual couples who were denied marriage licenses in Hendricks and Marion counties filed the suit, Ruth Morrison, et al., v. Doris Ann Sadler, et al., claiming that Indiana’s law recognizing marriage as only the union of one man and one woman violates the state constitution. The trial court dismissed the lawsuit on May 7, 2003, but the couples appealed the case. Today, the Court of Appeals upheld the trial court’s decision.

ADF authored a friend-of-the-court brief in the case on behalf of Focus on the Family and the Family Research Council. “The court determined that, as far as the law is concerned, marriage is uniquely suited for opposite-sex couples,” Lavy explained. “This is an argument we are constantly making to the courts. We believe the court’s reasoning is strong and will survive any appeal to the Indiana Supreme Court.”

Judge Michael Barnes wrote in the opinion that Indiana’s DOMA is not unconstitutional “because opposite-sex marriage furthers the legitimate state interest in encouraging opposite-sex couples to procreate responsibly and have and raise children within a stable environment…. The ability of opposite-sex couples to reproduce ‘naturally’ and unexpectedly is the characteristic that rationally distinguishes them from same-sex couples.”

Yesterday, the Louisiana Supreme Court reinstated that state’s constitutional marriage amendment in a case defended by ADF attorneys. Also yesterday, a federal court in Florida threw out a challenge to the federal Defense of Marriage Act. The opinion issued today by the Indiana Court of Appeals can be read at
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