The right to marry and divorce in Indiana has historically been limited to male-female relationships. The statutes providing this right remain the same. However, constitutional law is superior to statutes. There have been claims that Indiana’s Marriage and Dissolution statutes are unconstitutional as it relates to unions between same-sex coupled.
On September 4, 2014, on appeal from a federal trial court, Baskin v. Bogan, 766 F.3d 648 (2014), the Seventh Circuit of Appeals found Indiana’s statute and an amendment to the Wisconscin constitution banning same sex-marriage was unconstitutional. The United States Supreme Court refused to accept the case on Certorari. Therefore, Indiana had to allow same-sex marriage.
On November 10, 2014, Indiana residents Linda Bruner and Lori Roberts became history by becoming the first-same sex couple in the State to be divorced in Indiana. Today, June 26, 2015, the United States Supreme Court in the Obergefell case held the Fourthteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex (under equal protection) when their marriage was lawfully performed out-of-State.
The ultimate impact of this decision is indirect in Indiana as the matter is decided. However, in the balance of states where same-sex marriage was prohibited, this must now be allowed under the United States Constitution. How this ruling extends to property and child-related divisions in state courts remains to be seen. Certainly, it will generate litigation for years. This has the potential for sweeping changes in other areas of law, such as estate law.
This blog post was written by attorneys at Ciyou & Dixon, P.C. It is for general educational information only. It is not intended to be specific legal advice, nor a solicitation for representation. Ciyou & Dixon, P.C. attorneys practice domestic law across the State of Indiana.
