News

Indiana Court Affirms Marriage As Basis of Free Society
— May 9, 2003

On Wednesday, Indiana Judge S.K. Reid upheld the Indiana marriage law in a strongly worded opinion acknowledging marriage and the traditional family as "the basic living unit of our free society." In addition, Judge Reid held that traditional marriage laws are closely tied to "the state's interest in encouraging procreation to occur in a context where both biological parents are present to raise the child."

The case was the first to directly challenge the constitutionality of a state defense of marriage act (DOMA). Initially, the plaintiffs had both petitioned the court for marriage licenses and also argued that Indiana was required to recognize their Vermont civil unions as "marriages." In response to arguments made by the Attorney General, the plaintiffs later dropped the civil union recognition claim, leaving only the quest for marriage licenses to be decided by the court.

In dismissing the lawsuit, brought by the Indiana Civil Liberties Union (ICLU) on behalf of three same-sex couples, the opinion noted that plaintiffs have proposed a fundamental redefinition of marriage. In articulating the basis for a redefinition which would include same-sex couples, however, Judge Reid concluded that the plaintiffs had failed to present any "principled theory" why marriage, if understood simply as a long-term, stable relationship, would not apply equally to groups of three or more.

The decision from the Marion County Superior Court is expected to be appealed, and will likely reach the Indiana Supreme Court before being finally resolved. Similar cases are currently pending in Massachusetts and New Jersey.

Read the decision here.

Source: Morrison v. Sadler, Order on Motion to Dismiss, Cause No. 49D13-0211-PL-001946 (Marion Super. Ct.)