Indiana

Proposed Marriage Amendment

Section 1.  The following amendment to the Constitution of the State of Indiana is proposed and agreed to by this, the One Hundred Fourteenth General Assembly of the State of Inidana, and is referred to the next General Assembly for reconsideration and agreement.
Section 2.  ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY ADDING A NEW SECTION TO READ AS FOLLOWS:  Section 38.  (a) Marriage in Indiana consists only of the union of one man and one woman.  (b) This Constitution of any other Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups. 

Full Bill

Statutes

Marriage Protection Act (1997) 

Same Sex Marriages Prohibited

(a) Only a female may marry a male.  Only a male may marry a female.
(b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized. 
Indiana Code § 31-11-1-1

Cases

Morrison v. Sadler
Docket #49A02-0305-CV-447 (Ind. Ct. App.)

On August 22, 2002, the Indiana Civil Liberties Union (ICLU) filed suit in Marion County Superior Court on behalf of three same-sex couples. The suit seeks either issuance of marriage licenses to the three same-sex couples, or, alternatively, recognition of their Vermont civil union licenses.

The Attorney General of Indiana moved to dismiss the case on January 3, 2003. In response to the motion to dismiss, the ICLU filed a second amended complaint which removed the civil union recognition claim, leaving only the marriage litigation to go forward.

Oral arguments were heard by Judge S.K. Reid on March 31. On May 7, 2003, Judge Reid issued an order dismissing the case.

Trial Court

Complaint
First Amended Complaint  (October 25, 2002)
Motion to Dismiss  (January 3, 2003)
Memo in Support of Motion to Dismiss  (January 3, 2003)
Plaintiffs' Memo in Opposition to Motion  (February 3, 2003)
Attorney General's Reply Memo  (March 26, 2003)
Plaintiffs' Second Amended Complaint (February 3, 2003)
Plaintiffs' Motion for Leave to File  (February 3, 2003)
Order  (May 7, 2003)
Opinion

Court of Appeals

Appellants' (ICLU) Brief  (July 29, 2003)
Appellee's (State) Brief
Appellants' Reply Brief  (November 3, 2003)

They will not appeal to the Indiana Supreme Court.

Cornell v. Hamilton
Docket # 49D04 0002 CP 180, Marion Cty. Super. Ct. (Ind.)

Domestic Partner Benefits Litigation

Trial Court

Stipulation of Undisputed Facts (289kb)
Defendants' Motion for Summary Judgment (199kb)
Memo in Support of Defendants' Motion (350kb)
Plaintiff's Motion for Summary Judgment (44kb)
Memo in Support of Plaintiff's Motion (1.12 MB)
Defendants' Response to Plaintiff's Motion (161kb)
Plaintiff's Response to Defendants' Motion (233kb)
Trial Opinion (465kb)

Court of Appeals

Plaintiff's-Appellant's Brief (604kb)
State-Appellee's Brief (2.27mb)
Plaintiff's-Appellant's Reply Brief (1.00mb)

Oral Arguments held April 8, 2003

Court of Appeals Opinion (425kb)

Websites

Government Website
Indiana Family Institute

Related News Articles

8/23/02	Indiana Couples Sue for Marriage Licenses and Civil Union Recognition
5/8/03	Indiana Court Affirms Marriage As Basis of Free Society