Same-sex marriage in Indiana

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Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. Legislation passed in 1997 denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan , won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases. [1]

Contents

The U.S. Supreme Court declined to consider an appeal in Baskin v. Bogan on October 6, which allowed the Seventh Circuit Court of Appeals to implement its decision requiring Indiana to license and recognize same-sex marriages.

Statutory restrictions

Indiana passed a same-sex marriage ban in 1986. A law enacted in 1997 forbade the recognition of same-sex marriages established in jurisdictions outside Indiana. [2] [3]

On November 26, 2012, Indiana Equality Action published a study researched by law students from the LGBT Project at the Indiana University Maurer School of Law titled "More Than Just a Couple: 614 Reasons Why Marriage Equality Matters in Indiana." [4] The study detailed the rights and responsibilities of civil marriage found in 614 laws in the Indiana Code. It showed that marriage discrimination in the state not only denied many legal rights to same-sex couples but also denied the public protection from conflicts of interest from activities that were prohibited for married opposite-sex couples but not for same-sex couples. [5]

In January 2017, Representative Jim Lucas introduced a bill to remove the state's same-sex marriage ban and replace references to "husband and wife" with the gender-neutral term "spouses". The bill was assigned to the House Judiciary Committee on January 9, 2017, [6] but was not heard in committee. A similar bill was introduced in January 2023 by Senator Andrea Hunley, [7] [8] but it also failed to pass before the end of the legislative session. Another bill was introduced by Senator David Vinzant in January 2024. [9]

Attempts to pass constitutional ban

Since 2004, there have been several efforts on behalf of a constitutional amendment banning same-sex marriage in Indiana; none of which have been successful. [10] In 2010, such a proposal passed the Indiana Senate in a 38–10 vote, [11] but the House of Representatives, which had a Democratic majority, took no action, failing even to schedule a hearing on the legislation. [12]

In 2011, a similar proposal passed the House 70–26 and the Senate 40–10. [13] [14] The text adopted was: [15]

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

The approval of an identical amendment by both chambers during the 2013-2014 legislative session was required to place the amendment on the state ballot in November 2014. In December 2012, Governor Mitch Daniels, without taking a position on the proposed amendment, said that business leaders had expressed concern that it would restrict their policies toward same-sex couples. He said: "They wouldn't want their ability to offer benefits and that sort of thing limited. They think it's fair. They think it's important at least in case of some of their employees." [16] On October 28, 2013, Indiana University announced its opposition to the proposed amendment. [17] In November 2013, legislative leaders announced that the General Assembly would address the amendment in its next session. House Speaker Brian Bosma, a proponent of the measure, said that "This is not the most important issue facing us by far. We have to deal with the issue with dignity and respect... and bring this 12-year discussion to a conclusion." [18] On December 4, the six Roman Catholic bishops of Indiana issued a statement that, without referencing the legislation, reiterated their position that marriage is "the intimate communion of life and love between one man and one woman." [19]

The language of the joint resolution was introduced in the 2014 legislative session as HJR3 on January 9. A companion bill was also introduced that provided clarifying language directing that the proposed constitutional amendment would ban same-sex marriages and civil unions but not domestic partnerships. Bosma said it was aimed at reassuring universities and localities that the benefits they provide employees under the designation "domestic partners" would not be affected by the adoption of the constitutional amendment, though other lawmakers disputed whether the language of the bill, if adopted, could control the interpretation of the constitutional amendment. [20] The House Judiciary Committee held a hearing on the proposed amendment on January 13, but took no vote. On January 21, Bosma moved the proposed amendment to the Elections and Apportionment Committee. [21] On January 22, that committee approved the proposed amendment by a vote of 9 to 3 with one absence. [22] On January 27, the Indiana House voted 52–43, with 29 Democrats and 23 Republicans in favor, to remove the second sentence, which would have banned civil unions, from the amendment. [23] On January 28, the House approved the shortened version in a 57–40 vote. [24] On February 10, the Senate Rules Committee approved the identical one-sentence version in an 8–4 vote, [25] and the Senate approved that version in a 32–17 vote on February 17. [26] The text adopted was:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana.

As the text of the amendment had been modified, approval in the 2015-2016 session was required in order to place the measure on the ballot. [27] However, the General Assembly took no further action on the amendment and it was never placed on the ballot.

Lawsuits

State lawsuits

A lawsuit, Morrison v. Sadler, brought in 2002 by the American Civil Liberties Union (ACLU) on behalf of 3 same-sex couples seeking marriage rights and challenging a 1986 law that limited marriages to opposite-sex couples failed in the Marion County Superior Court in May 2003. The judge ruled that restricting marriage to different-sex couples "promotes the state's interest in encouraging procreation to occur in a context where both biological parents are present to raise the child." Two of the couples had formed civil unions in Vermont in 2000. [2] The ruling was upheld by the Indiana Court of Appeals on January 20, 2005. [28] [29] After the ruling by the Court of Appeals in January 2005, when the third couple had formed a Vermont civil union and one couple had married in Canada as well, the plaintiffs decided not to appeal to the Indiana Supreme Court to avoid a negative outcome there that might influence other state courts. [30]

On December 23, 2013, the Indiana Court of Appeals ruled in In Re: Marriage of Melanie Davis that Indiana's law banning same-sex marriage could not be used to invalidate a marriage if one spouse later changes their legal gender. [31]

Federal lawsuits

Five same-sex marriage lawsuits were filed in the U.S. District Court for the Southern District of Indiana in March 2014: Love v. Pence, Baskin v. Bogan, Fujii v. Pence, Bowling v. Pence, and Lee v. Pence.

Baskin v. Bogan

Baskin v. Bogan was filed on March 14, 2014 by Lambda Legal on behalf of two same-sex couples, all women. [32] The defendants were the Indiana Attorney General, Greg Zoeller, and three county clerks, with one of the county clerks, Penny Bogan, in her official capacity, as the first-named defendant. [33] It took precedence over the other Indiana marriage cases, because one of the plaintiffs was terminally ill with ovarian cancer, though the case of her and her partner was soon separated from that of the other plaintiffs. [34] On June 25, 2014, Judge Richard L. Young ruled with respect to the remaining plaintiffs in Baskin, as well as the cases of Fujii and Lee. He found in favor of the plaintiff couples, granted them summary judgment and struck down Indiana's ban on same-sex marriage. He also removed Governor Mike Pence from the lawsuit. [35] He issued no stay and Indiana clerks began issuing marriage licenses to same-sex couples the day of the ruling. [36] The first couple to receive a license were Craig Bowen and Jake Miller in Indianapolis on June 25. [37] The Seventh Circuit brought license issuance to a halt on June 27. [38]

The Seventh Circuit Court of Appeals consolidated Baskin and its companion cases with a similar case in Wisconsin, Wolf v. Walker . It heard oral arguments on August 26. [39] On September 4, the Seventh Circuit, in a unanimous opinion authored by Judge Richard Posner, upheld the district court's decision. [40] On September 9, 2014, Wisconsin (joint by Indiana) asked the U.S. Supreme Court to uphold their respective bans on same-sex marriage. [41] On September 15, the Seventh Circuit granted a motion for a stay of the ruling, to be in effect until the case was resolved at the Supreme Court. [42] The U.S. Supreme Court declined to consider an appeal in Baskin on October 6, 2014, which allowed the Seventh Circuit Court of Appeals to implement its decision requiring Indiana to license and recognize same-sex marriages, effectively legalizing same-sex marriage in Indiana. [43]

Love v. Pence

Love v. Pence was filed on March 7, 2014. [44] Judge Young dismissed it for lack of subject-matter jurisdiction on June 25, 2014, because the only named defendant was Governor Pence, who cannot, he wrote, "issue executive decrees telling other elected officials how to do their jobs when it comes to laws affecting marriage." [45] Judge Young reinstated that part of the suit concerned with the recognition of marriages from other jurisdictions on September 16, citing Governor Pence's memos directing state officials how to respond to other court decisions on the issue of same-sex marriage. [46]

Bowling v. Pence

The plaintiffs in Bowling v. Pence raised only the question of Indiana's recognition of same-sex marriages from other jurisdictions, not the state's refusal to grant marriage licenses to same-sex couples. One plaintiff couple was married in Iowa in 2011. A third plaintiff sought to dissolve her marriage established elsewhere. [47] Judge Young issued his ruling in Bowling v. Pence on August 19, repeating the logic of his earlier decision in finding that the state's refusal to recognize same-sex marriages was unconstitutional. Though he had previously dismissed Love v. Pence after accepting the arguments of Governor Pence that the governor of Indiana lacked authority over the enforcement of the state's ban, Young reversed himself, citing actions Pence took following the decision to Baskin. Young noted that Pence, contrary to his earlier claims, had issued memos to state agencies instructing them to disregard the July 25 decision in Baskin. Pence had written on July 7 that Indiana's ban "is in full force and effect and executive branch agencies are to execute their functions as though the U.S. District Court Order of June 25, 2014 had not been issued." [48] In his Bowling decision, Young wrote: "The memoranda issued by the Governor clearly contradict his prior representations to the court." He called Pence's earlier statements a "bold misrepresentation". He wrote that his acceptance of Pence as defendant "is not based on the Governor's general duty to enforce the laws. It is based on his specific ability to command the executive branch regarding the law." He commented: "The court, after witnessing the Governor do what he claimed he could not do, reverses course and finds him to be a proper party to such lawsuits. The court wishes to reiterate that it finds the Governor's prior representations contradicting such authority to be, at a minimum, troubling." Young stayed enforcement of his decision and the state announced plans to appeal on August 21. [49]

The ruling was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the Seventh Circuit stayed its decision in the related cases. [1] The state's appeal was dismissed on January 5, 2015. [50]

Developments after legalization

The U.S. Supreme Court ruled in Obergefell v. Hodges on June 26, 2015 that same-sex couples have a constitutional right to marry under the Due Process and Equal Protection clauses of the Fourteenth Amendment, legalizing same-sex marriage nationwide in the United States. Indiana statutes have yet to be modified to reflect legalization, with various unenforceable and void provisions still referring to marriage as being a heterosexual union. In January 2020, a bill to ban child marriage was the source of a "political fight" concerning the same-sex marriage provisions. The bill would have raised the minimum age of marriage from 15 to 18. According to the Associated Press, a House committee voted 9–1 in favor of the bill "after hearing from women who testified they were 15 or 16 when their parents forced them to marry men who had raped or molested them and then faced more abuse before being able to escape the relationship". After Representative Matt Pierce introduced an amendment to remove the unconstitutional sections banning same-sex marriage, House Speaker Brian Bosma refused to call the bill to the floor. [51] [52] In March 2020, a bill banning child marriage passed the House and Senate, but without the same-sex marriage amendment. [53]

In January 2024, four Republican lawmakers introduced a bill to ban same-sex marriage in Indiana and forbid the recognition of marriages validly performed out of state. [lower-alpha 1] The bill was widely considered unconstitutional by political experts and advocates, [54] [55] and failed to pass before the end of the legislative session in March 2024.

Native American nations

Same-sex marriage has been legal on the reservation of the Pokagon Band of Potawatomi Indians since May 8, 2013. The first same-sex marriage was performed for Daniel Hossler and Enrico Perez in Dowagiac, Michigan on June 20, 2013. [56] Their marriage was also the first marriage ever performed on the reservation. [57]

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. This two-spirit status allowed for marriages between two biological males or two biological females to be performed in some of these tribes. [58] Potawatomi society has traditionally recognized two-spirit individuals, known as mnedokwé (pronounced [mnədoˈkʷɛ] , plural: mnedokwék), [59] who "sought out female company" from an early age, possessed the "work skills" of both sexes, "talked like women", and were regarded as "esteemed persons with special spiritual powers". [58] Ruth Landes reported in 1970 that they were "said to possess visions…but not to practice sorcery. [Mnedokwék] exemplified a distinct category of 'power'." [60]

Demographics and marriage statistics

The following table, based on data published annually by the Indiana State Department of Health, shows the number of marriages performed in Indiana.

Number of marriages performed in Indiana
YearSame-sex marriagesTotal marriages % same-sex
FemaleMaleTotal
2014 [61] 9394911,43046,8143.05%
2015 [62] 1,6027892,39145,9415.20%
2016 [63] 1,1725301,70246,0113.70%
2017 [64] 9724791,45145,7133.17%
2018 [65] 9173931,31043,8712.99%
2019 [66] 8773511,22841,5802.95%

The 2020 U.S. census showed that there were 10,953 married same-sex couple households (4,378 male couples and 6,575 female couples) and 9,232 unmarried same-sex couple households in Indiana. [67]

Public opinion

Public opinion for same-sex marriage in Indiana
Poll sourceDates administeredSample sizeMargin of errorSupportOppositionDo not know / refused
Public Religion Research Institute March 9 – December 7, 2023 423 adults± 0.82%163%34%3%
Public Religion Research Institute March 11 – December 14, 2022  ? ?67%31%2%
Public Religion Research Institute March 8 – November 9, 2021  ? ?65%32%3%
Public Religion Research Institute January 7 – December 20, 2020 1,083 adults ?62%33%5%
Public Religion Research Institute April 5 – December 23, 2017 1,531 adults ?58%34%8%
Public Religion Research Institute May 18, 2016 – January 10, 2017 2,288 adults ?53%38%9%
Public Religion Research Institute April 29, 2015 – January 7, 2016 1,938 adults ?52%38%10%
New York Times/CBS News/YouGov September 20 – October 1, 20141,405 likely voters± 3.1%43%45%12%
Princeton Survey Research International October 8–21, 2013600 interviews± 4.8%48%46%6%
Bowen Center for Public Affairs November 12–24, 2012602 adults± 4.5%45%45%10%

Notes:

See also

Notes

Related Research Articles

Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015. Florida was the 35th U.S. state to legalize same-sex marriage.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado. Colorado was the 25th U.S. state to legalize same-sex marriage.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage has been legally recognized in West Virginia since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban had not been explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.

<span class="mw-page-title-main">LGBTQ rights in Indiana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legally recognized in Idaho since October 15, 2014. In May 2014, the U.S. District Court for the District of Idaho found Idaho's statutory and state constitutional bans on same-sex marriage unconstitutional in the case of Latta v. Otter, but enforcement of that ruling was stayed pending appeal. The Ninth Circuit Court of Appeals affirmed that ruling on October 7, 2014, though the U.S. Supreme Court issued a stay of the ruling, which was not lifted until October 15, 2014.

<i>Kitchen v. Herbert</i> American legal case

Kitchen v. Herbert, 961 F.Supp.2d 1181, affirmed, 755 F.3d 1193 ; stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263, is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

Tanco v. Haslam was the lead case in the dispute of same-sex marriage in Tennessee. A U.S. District Court granted a preliminary injunction requiring the state to recognize the marriages of the plaintiffs, three same-sex couples. The court found the equal protection analysis used in Bourke v. Beshear, a case dealing with a comparable Kentucky statute "especially persuasive." On April 25, 2014, that injunction was stayed by the Sixth Circuit Court of Appeals. Tanco was appealed to the Sixth Circuit, which reversed the district court and upheld Tennessee's refusal to recognize same-sex marriages from other jurisdictions on November 6.

Same-sex marriage has been legal in Missouri since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.

Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

<i>Baskin v. Bogan</i> Indiana legal case for marriage equality

Baskin v. Bogan, the lead Indiana case challenging that state's denial of marriage rights to same-sex couples, was filed in federal district court on March 12, 2014, naming several government officials as defendants. Chief Judge Richard L. Young found for the plaintiffs on June 25. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld the district court ruling in a unanimous decision on September 4.

<i>Wolf v. Walker</i> US federal case on same-sex marriage

Wolf v. Walker is a federal lawsuit filed in February 2014 that challenged Wisconsin's refusal to grant marriage licenses to same-sex couples, its refusal to recognize same-sex marriages established in other jurisdictions, and related statutes. In June 2014, Judge Barbara Crabb of the U.S. District Court for the Western District of Wisconsin ruled for the plaintiffs. In the week before she stayed her decision, county clerks in 60 of the state's 72 counties issued marriage licenses to same-sex couples and some performed marriage ceremonies for them. The state appealed her decision to the Seventh Circuit Court of Appeals, which affirmed her opinion in a unanimous decision on September 4. The state requested a writ of certiorari from the U.S. Supreme Court, which was denied on October 6. Same-sex marriages resumed after the Seventh Circuit issued its mandate the next day.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory bans on same-sex marriage unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevented that state from enforcing its bans and then stayed its injunction until stays were lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

References

  1. 1 2 Bowling v. Pence District Court ruling
  2. 1 2 "Indiana defends state's ban on gay marriage". The Advocate. October 4, 2003. Retrieved August 20, 2013. IC 31-11-1-1 Same sex marriage prohibited, Sec. 1 (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. As added by P.L. 1 1997, Sec. 3. Amended by P.L. 198-1997, Sec. 1.
  3. ↑ Indiana Code 2014 IC 31-11-1 Chapter 1. Who May Marry
  4. ↑ Schneider, Mary Beth (November 26, 2012). "Ban on same-sex marriage in Indiana could open Pandora's box of legal challenges". Indiana Star. Retrieved December 14, 2012.
  5. ↑ Smith, Brandon (November 26, 2012). "Report: Marriage Amendment Impacts 600 Legal Provisions". Indiana Public Media. Retrieved December 14, 2012.
  6. ↑ IN HB1163 | 2017 | Regular Session
  7. ↑ Hackler, Meredith (January 9, 2023). "Republicans and Democrats lay out legislative priorities for 2023 legislative session". WRTV.
  8. ↑ Ballenger, Xain (January 27, 2023). "'I'm just a bill. Yes, I'm only a bill': More than 1,000 have started, but which will finish". TheStatehouseFile.com.
  9. ↑ "SB0267". LegiScan. Retrieved January 24, 2024.
  10. ↑ Browning, Bil (January 15, 2010). "Indiana State Senate to take action on marriage amendment". Bilerico Project. Retrieved December 14, 2012.
  11. ↑ Shella, Jim (January 28, 2010). "Gay marriage ban goes to Indiana House once again". WISH TV. Archived from the original on August 6, 2013. Retrieved December 14, 2012.
  12. ↑ "Marriage Discrimination Amendment Dies in State Legislature". Indiana Equality. Retrieved December 14, 2012.
  13. ↑ "Indiana News Indiana House Endorses Gay Marriage Ban". WIBC. February 15, 2011. Retrieved January 4, 2014.
  14. ↑ Carden, Dan (March 29, 2011). "Senate OKs constitutional ban on gay marriage, civil unions". NWI Times. Retrieved January 4, 2014.
  15. ↑ Bangert, Dave (December 31, 2013). "Bracing for the flyover view of Indiana on marriage amendment". Journal Courier (Lafayette). Retrieved January 4, 2014.
  16. ↑ "Daniels says businesses talking gay marriage". Herald Bulletin. December 12, 2012. Retrieved December 14, 2012.
  17. ↑ Stokes, Kyle (October 28, 2013). "IU Opposes Amending Constitution To Ban Same-Sex Marriage". Indiana Public Media. Retrieved December 5, 2013.
  18. ↑ "Indiana legislative leaders break silence on same-sex marriage ban". Courier-Journal. November 18, 2013. Retrieved December 5, 2013.
  19. ↑ Cook, Tony (December 12, 2013). "Indiana Catholic bishops issue statement on gay marriage ban". Indy Star. Retrieved December 18, 2013.
  20. ↑ Smith, Brandon (January 9, 2014). "Proposed Marriage Amendment Clarified, Renamed". Indiana Public Media. Retrieved January 9, 2014.
  21. ↑ Cook, Tony (January 21, 2014). "Bosma moves gay marriage ban to new committee". Indianapolis Star. Retrieved January 21, 2014.
  22. ↑ Cook, Tony (January 22, 2014). "Elections committee advances HJR-3 on to full House". Indianapolis Star. Retrieved January 22, 2014.
  23. ↑ Rund, Jacob (January 27, 2014). "Indiana House votes to amend gay-marriage amendment". Indianapolis Business Journal. Retrieved February 10, 2014.
  24. ↑ Shabazz, Abdul-Hakim (January 28, 2014). "Indiana vote on constitutional ban on gay marriage faces hurdle". Chicago Tribune. Retrieved February 10, 2014.
  25. ↑ Cook, Tony; Berggoetz, Barb (February 10, 2014). "Committee votes 8-4 to send HJR-3 to full Senate". Indianapolis Star. Retrieved February 10, 2014.
  26. ↑ Schneider, Chelsea (February 17, 2014). "Indiana Senate approves marriage amendment". Evansville Courier & Press. Retrieved February 17, 2014.
  27. ↑ Cook, Tony; Berggoetz, Bard (February 14, 2014). "Same-sex marriage ban won't be on November ballot". Indy Star. Retrieved February 17, 2014.
  28. ↑ "Morrison v. Sadler". FindLaw. Retrieved August 12, 2015.
  29. ↑ "Court rejects challenge to Indiana's gay marriage ban". The Advocate. January 21, 2005. Retrieved August 20, 2013.
  30. ↑ "Couples won't seek appeal in Indiana gay marriage case". The Advocate. February 19, 2005. Retrieved August 20, 2013.
  31. ↑ "Court: Ind. gay marriage ban cannot invalidate marriages of transgender spouses". LGBTQ Nation. December 23, 2013.
  32. ↑ Odendahl, Marilyn. "5 lawsuits keep marriage debate alive in Indiana". Evansville (Ind.) City-County Observer. Archived from the original on July 1, 2014. Retrieved June 14, 2014.
  33. ↑ "Lambda Legal Files Federal Suit". Lambda Legal (Press release). March 12, 2014. Retrieved March 13, 2014.
  34. ↑ Disis, Jill (April 10, 2014). "Judge grants request to force Indiana to recognize same-sex marriage". Indy Star. Retrieved April 10, 2014.
  35. ↑ Young, Richard L. (June 25, 2014). "Entry on Cross-Motions for Summary Judgment, Baskin v. Bogan, No. 1:14-cv-00355-RLY" (PDF). U.S. District Court for the Southern District of Indiana .
  36. ↑ Healy, Jack (June 25, 2014). "Utah Gay Marriage Ban Struck Down by Federal Appeals Court". New York Times. Retrieved June 25, 2014.
  37. ↑ Wong, Curtis (June 25, 2014). "Craig Bowen And Jake Miller Become Indiana's First Gay Couple To Marry (VIDEO, PHOTO)". HuffPost.
  38. ↑ Geidner, Chris; Merevick, Tony (July 1, 2014). "Federal Appeals Court Says Indiana Must Recognize Terminally Ill Woman's Same-Sex Marriage: An emergency order protecting Amy Sandler and Niki Quasney". Buzzfeed. Retrieved July 2, 2014.
  39. ↑ Marley, Patrick (July 11, 2014). "Appeals court to fast track state's gay marriage case with Indiana's". Milwaukee Wisconsin Journal-Sentinel. Retrieved July 14, 2014.
  40. ↑ Johnson, Chris (September 4, 2014). "7th Circuit rules against marriage bans in Wisconsin, Indiana". Washington Blade. Retrieved September 4, 2015.
  41. ↑ Lawrence, Hurley (September 9, 2014). "Wisconsin, Indiana ask U.S. justices to hear gay marriage cases". Reuters. Retrieved September 13, 2014.
  42. ↑ Posner, Richard (September 15, 2014). "Order (grant of stay), Baskin v. Bogan, No. 14-2526". U.S. Seventh Circuit Court of Appeals .
  43. ↑ Liptak, Adam (October 6, 2014). "Supreme Court Hands Gay Marriage a Tacit Victory". New York Times. Retrieved October 6, 2014.
  44. ↑ Gullo, Karen (March 7, 2014). "Indiana Gay-Marriage Ban Challenged by Couples in Federal Court". Bloomberg BusinessWeek. Archived from the original on March 7, 2014. Retrieved March 7, 2014.
  45. ↑ Young, Richard (June 25, 2014). "Entry on Defendant's Motion to Dismiss, Love v. Pence, No. 4:14-cv-00015". U.S. District Court for the Southern District of Indiana . Scribd.com.
  46. ↑ Young, Richard (September 16, 2014). "Entry on Plaintiffs' Motion to Reconsider, Love v. Pence, No. 4:14-cv-00015". U.S. District Court for the Southern District of Indiana . Scribd.com.
  47. ↑ Johnson, Chris (August 20, 2014). "Court: Indiana must recognize out-of-state same-sex marriages". Washington Blade. Retrieved August 20, 2014.
  48. ↑ Young, Richard (August 20, 2014). "Entry on Cross Motions for Summary Judgment". U.S. District Court for the Southern District of Indiana . Scribd.com.
  49. ↑ Disis, Jill (August 19, 2014). "Latest ruling overturning same-sex marriage ban makes Indiana governor a party to suit". Indianapolis Star. Retrieved August 20, 2014.
  50. ↑ "History of Bowling v. Pence". Lambda Legal.
  51. ↑ "Indiana Republicans Kill Child-Trafficking Measure to Avoid Same-Sex Marriage Debate". Towleroad. January 31, 2020.
  52. ↑ "Scrap over old Indiana gay marriage ban derails". The Washington Post. January 31, 2020.
  53. ↑ "Tougher Indiana law on under-18 marriages wins approval". IndyStar. March 14, 2020.
  54. ↑ "HB1291". LegiScan. Retrieved January 24, 2024.
  55. ↑ Piper, Connor (January 10, 2024). "Indiana files bill removing transgender recognition; updates definition of marriage". 16NewsNow.
  56. ↑ "West Michigan couple have first same-sex wedding in Pokagon Tribal Court". WWMT Newschannel 3. June 21, 2013. Archived from the original on June 27, 2013. Retrieved June 25, 2013.
  57. ↑ "Same-sex couple says, 'I do'". LeaderPublications. June 20, 2013.
  58. 1 2 Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures . University of Texas Press. ISBN   0-292-74701-2.
  59. ↑ "Potawatomi Dictionary". Wiwkwébthëgen. Archived from the original on April 7, 2024. Retrieved April 22, 2024.
  60. ↑ Pyle, Kai (July 2021). Folks Like Us: Anishinaabe Two-Spirit Kinship and Memory Across Time and Space (PDF) (Thesis). University of Minnesota.
  61. ↑ "Indiana Marriage Report State and County Data 2014" (PDF). in.gov. March 2016. Archived from the original (PDF) on January 24, 2022.
  62. ↑ "Indiana Marriage Report State and County Data 2015" (PDF). in.gov. February 2017. Archived from the original (PDF) on January 26, 2022.
  63. ↑ "Indiana Marriage Report State and County Data 2016" (PDF). in.gov. October 2017. Archived from the original (PDF) on January 24, 2022.
  64. ↑ "Indiana Marriage Report State and County Data 2017" (PDF). in.gov. October 2018. Archived from the original (PDF) on January 24, 2022.
  65. ↑ "Indiana Marriage Report State and County Data 2018" (PDF). in.gov. September 2019. Archived from the original (PDF) on January 25, 2022.
  66. ↑ "Indiana Marriage Report State and County Data 2019" (PDF). in.gov. September 2020. Archived from the original (PDF) on January 25, 2022.
  67. ↑ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
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