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Friday, January 21, 2005

COURT UPHOLDS INDIANA'S MARRIAGE LAW: From the Indianapolis Star

An Indiana appellate court panel ruled unanimously today there is no constitutional right for same-sex couples to marry.

In a long-awaited ruling, the Indiana Court of Appeals said the proper forum for pursuing such a right is the Indiana General Assembly. ...

Indiana has a law on the books banning gay marriage, and it's likely the Republican-controlled General Assembly will pursue a constitutional ban on gay marriage. ...

Bosma said the ruling is likely to be appealed and the Indiana Supreme Court could disagree. He said House Republicans will proceed with their plan to seek a constitutional amendment banning same-sex marriage. ...

"The key question in our view is whether the recognition of same-sex marriage would promote all of the same state interests that opposite-sex marriage does, including the interest in marital procreation," Judge Barnes wrote for the court. "If it would not, then limiting the institution of marriage to opposite-sex couples is rational and acceptable under Article I, Section 23 of the Indiana Constitution."

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ruling is here (HTML, yay!) and here (PDF)

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