"Same-sex couples, who would otherwise qualify to marry in Indiana, have the right to marry in Indiana," he wrote. "These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such. The Indiana attorney general's office says it plans to appeal today's ruling. The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love. In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a[s] same-sex marriage. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.
UTAH UPDATE
The Tenth Circuit Court of Appeals has also struck down Utah's same-sex marriage ban today,the first appellate ruling on the issue since last June's Supreme Court ruling striking down part of the Defense of Marriage Act. "A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union," the court concluded. Marriages between same-sex couples cannot resume, as the Tenth Circuit has also issued a stay on their ruling pending a response from the U.S. Supreme Court. Importantly. however, he also concluded that because the Supreme Court stayed the trial court's ruling in the Utah case pending the 10th Circuit appeal that it should stay its mandate of the appellate ruling "pending the disposition of any subsequently filed petition for writ of certiorari" to the Supreme Court.
The Stay Means Same-Sex Couples' Marriages Cannot Continue at this Time in Utah
While the Federal Governement Recognizes Those Already Married