social sciences
special features
about glbtq

Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
Popular Topics in Literature
García Lorca, Federico García Lorca, Federico
The works of García Lorca, internationally recognized as Spain's most prominent lyric poet and dramatist of the twentieth century, are filled with thinly veiled homosexual motifs and themes.
Musical Theater
There has always been homosexual involvement in American musical theatre and a homosexual sensibility even in straight musicals, and recently the Broadway musical has welcomed openly homosexual themes and situations.
Michelangelo Buonarroti Michelangelo Buonarroti
Best known for his genius in art and architecture, Michelangelo was also an accomplished author of homoerotic poetry.
African-American Literature: Gay Male African-American Literature: Gay Male
The African-American gay male literary tradition consists of a substantial body of texts and includes some of the most gifted writers of the twentieth century.
Camp Camp
Combining elements of incongruity, theatricality, and exaggeration, camp is a form of humor that helps homosexuals cope with a hostile environment.
Hughes, Langston Hughes, Langston
Langston Hughes, whose literary legacy is enormous and varied, was closeted, but homosexuality was an important influence on his literary imagination, and many of his poems may be read as gay texts.
Baldwin, James Arthur Baldwin, James Arthur
James Baldwin, a pioneering figure in twentieth-century literature, wrote sustained and articulate challenges to American racism and mandatory heterosexuality.
Wilde, Oscar Wilde, Oscar
Oscar Wilde is important both as an accomplished writer and as a symbolic figure who exemplified a way of being homosexual at a pivotal moment in the emergence of gay consciousness.
Topics In the News
Indiana Marriage Ban Struck Down Again; Governor Chastised for Lying to the Court
Posted by: Claude J. Summers on 08/20/14
Last updated on: 08/20/14
Bookmark and Share

On August 19, 2014, U.S. District Judge Richard L. Young again struck down Indiana's marriage laws, this time in Bowling v. Pence, a case involving a same-sex couple who married in Iowa in 2011 but whose marriage Indiana has refused to recognize. In addition, Judge Young severely criticized Indiana Governor Mike Pence for lying to the court. He characterized the governor's "bold misrepresentations" as "at a minimum, troubling."

The ruling in Bowling relies heavily on the previous ruling issued by Judge Young on June 25, 2014, when he ruled that Indiana's ban on same-sex marriage is unconstitutional. Since he did not issue a stay on his ruling then, same-sex couples rushed to court houses around the state to apply for marriage licenses. After more than 600 marriage licenses had been issued to same-sex couples, the Court of Appeals for the Seventh Circuit granted a request for an emergency stay on June 27, 2014.

In Baskin v. Bogan, and two other related cases, Judge Young ruled that Indiana's same sex marriage ban violates the due process and equal protection clauses of the U.S. Constitution and is, therefore, unconstitutional.

In a moving conclusion to that opinion, Judge 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. Today, the 'injustice that [we] had not earlier known or understood' ends."

Using the same logic that compelled the Baskin opinion, Judge Young found in Bowling that Indiana's refusal to recognize same-sex marriages performed elsewhere also violates the equal protection clause of the Fourteenth Amendment.

However, the most interesting part of the decision was the Court's reinstatement of Governor Pence as a defendant.

In his previous decisions, Judge Young had accepted Pence's claim that he has no authority to enforce the state's marriage laws and had removed him as a defendant. But following the Baskin decision, Pence sent memoranda to executive agencies that "clearly contradict his prior representations to the court. The Governor can provide the parties with the requested relief as was evident by his initial memorandum on June 25, 2014, and he can enforce the statute to prevent recognition as evident by his correspondence on June 27 and July 7."

Thus, Judge Young reinstated the Governor as a proper defendant and called him out for lying to the Court.

Judge Young has ordered Indiana to recognize legal same-sex marriage's performed elsewhere, but has stayed his decision pending a ruling from the Court of Appeals for the Seventh Circuit, which is currently reviewing decisions that have struck down same-sex marriage bans in Michigan, Indiana, Ohio, and Kentucky.

Judge Young's decision may be found here.

Related Encyclopedia Entries
browse:   arts   literature   social-sciences   discussion boards
learn more about glbtq       contact us       advertise on glbtq.com
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2015, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.