home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Social Sciences
Stonewall Riots Stonewall Riots
The confrontations between police and demonstrators at the Stonewall Inn in New York City the weekend of June 27-29, 1969 mark the beginning of the modern glbtq movement for equal rights.
 
Gay Liberation Front
Formed soon after the Stonewall Riots of 1969, the short-lived but influential Gay Liberation Front brought a new militancy to the movement that became known as gay liberation.
 
The Sexual Revolution, 1960-1980 The Sexual Revolution, 1960-1980
The sexual revolution of post-World War II America changed sexual and gender roles profoundly.
 
Leather Culture
"Leather" is a blanket term for a large array of sexual preferences, identities, relationship structures, and social organizations loosely tied together by the thread of what is conventionally understood as sadomasochistic sex.
 
Anthony, Susan B. Anthony, Susan B.
Although best known for her crusade for women's suffrage, Susan B. Anthony spoke out on a range of feminist issues.
 
Africa: Sub-Saharan, Pre-Independence
With reports from hundreds of sub-Saharan African locales of male-male sexual relations and from about fifty of female-female sexual relations, it is clear that same-sex sexual relations existed in traditional African societies, though varying in forms and in the degree of public acceptance
 
Androgyny Androgyny
Androgyny, a psychological blending of gender traits, has long been embraced by strong women, soft men, members of queer communities, and others who do not easily fit into traditionally defined gender categories.
 
Russia
A cultural crossroads between Asia and Europe, Russia has a long, rich, and often violent heritage of varied influences and stark confrontations in regard to its patterns of same-sex love.
 
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 © 2002-2014, glbtq, Inc.

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