Law changes ever so imperceptibly every day. It has to in order to keep up with our society and afford each of us the right to achieve “life, liberty and happiness” through due process of law. The right to due process of law protects the family that is singled out for the most protection in the Constitution —there is a fundamental right of parents to raise their children as they see fit, even if other people or government believes ... Read More
27
Dec2017
02
Jul2015
The United States Supreme Court’s decision to allow same sex couples to marry may be just the beginning of the legal impact of recognition of a fundamental right of lesbian, gay, bisexual and transgender individuals. There is a push for further protection of the LGBT community to add sexual orientation and gender identity to civil rights laws to protect them against discrimination.
The United States Supreme Court in the Obergefell case held the Fourteenth Amendment requires that same sex couples have the right to marry and have their ... Read More
26
Jun2015
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 ... Read More
30
Oct2014
It is time for another update on the Great Marriage Debate in Indiana. On June 25, 2014 a ruling by Chief Justice Richard Young of the United States District Court for the Southern District of Indiana found the ban on same-sex marriage in Indiana unconstitutional, violating both the Due Process and Equal Protection clauses of the 14th Amendment1.
In their arguments, the Plaintiffs (parties bringing the action) argued that the State of Indiana was impeding on their fundamental right to marry, ... Read More
25
Sep2014
As the marriage debate continues, we continue to update the cases and related information regarding same-sex couples in Indiana. In the past few weeks, an update out of the Southern District of Indiana was issued, and it was held, as a preliminary matter, that Indiana must recognize the same-sex marriage of parties who wed in Massachusetts as valid.
The Order on Preliminary Injunction (requiring Indiana to recognize the out-of-state marriage of the parties) was granted and Ordered on or about May 8, 20141. The parties, Niki and Amy, were ... Read More
22
May2014
The Indiana Legislature has recently voted to amend the state Constitution to prohibit same-sex marriage in Indiana. This matter will not be voted on by the public for some time, but in the interim, there are lawsuits moving forward regarding the same-sex marriage ban Indiana already has in place (by statute and caselaw).
Recently, four (4) lawsuits have been filed in Federal Court regarding Indiana’s ban on same-sex marriage. Indiana Code 31-11-1-1 defines marriage as between a man ... Read More
12
Dec2013
A recent blog post explored a Court of Appeals case just recently handed down which allowed for a same sex partner to seek visitation of a child after the couple had split up. The topic of same sex couples, marriages, and parents have come to the forefront of many areas of domestic and family law, and is being reviewed and addressed by several ... Read More
26
Nov2013
Society, and what comprises a family, has changed since the Leave it to Beaver days. Many more families are comprised by any mixture of parents, step parents, same sex couples, extended family members (aunts/uncles/grandparents), and even non married opposite sex couples cohabitating. The change in societal norms, and the construction of a family unit, has inherently caused the ... Read More
07
Jun2012
This blog will seek to explore the changing definitions and dimensions of “marriage” and how it may be expanded in the fairly near future. Voluminous amounts of information exist on this controversial topic, and this blog will only explore the tip of the iceberg.
The changing tide of marriage today can be seen simply from a statistics standpoint. The number of couples getting married is declining, the number of couples divorcing is increasing, and the average age of couples getting ... Read More