Skip to Content, Navigation, or Footer.
Saturday, April 20
The Indiana Daily Student

Federal judge rules Indiana's gay marriage ban unconstitutional

Same-sex couples allowed to marry immediately following the ruling

Gay Marriage

“In accordance with the laws of the state of Indiana, I now pronounce you married.”

These are words members of the local gay community did not expect to hear for a long time.

But throughout the day these words were repeated with gusto by Rev. Mary Ann Macklin of the Unitarian Universalist Church of Bloomington. Scores of people filed into the Monroe County Justice Building to be wed to their significant other of the same sex.

United States District Judge Richard Young ruled Wednesday Indiana’s gay marriage ban was unconstitutional.

Individuals from three cases argued Indiana Code Section 31-11-1-1, which defines marriage as between one man and one women, was “facially unconstitutional,” according to a document from Young.

No stay had been issued on the ruling, allowing same-sex couples within the state to marry immediately.

“Under authority of the ruling, clerks may begin to issue marriage licenses to same-sex couples,” Monroe County Attorney Kevin Dogan said. “The state cannot prosecute the clerks.”

Plaintiffs in the cases claimed the state code violated 14th-Amendement rights of due process and equal protection.

“According to the amendment, everyone is entitled to fundamental rights,” Director of Student Legal Services Randall Frykberg said. “Only with compelling reason can these rights be taken away.”

Frykberg said fundamental rights are defined by the federal government and include the right to marry.

Traditionally, those arguing cases against gay marriage have used the same argument: It’s not the way the country is used to doing things. That’s not a compelling reason, Frykberg said.

The news spurred dozens of same-sex couples from the county to obtain their marriage licenses.

“We’ve been awfully busy all day,” chief deputy clerk Nicole Browne said as she helped people get the proper paperwork. “We’re doing all we can to marry as many couples as possible today.”

One such couple was IU criminal justice major Alex Anderson and IU graduate Ashli Lovell.

“We both burst into tears this morning when we heard the news,” Lovell said.

While on lunch break, the duo called the clerk’s office to see when they could get married. Around 3 p.m. Wednesday, the two were officially wed.

“We thought Indiana would be the last state,” Anderson said.

Abby Henkel and Sarah Perfetti were also among the many who married today.

“We didn’t expect this at all,” Perfetti said. “We heard the news and two hours later, we were married. In Indiana of all places. We’re very relieved.”

Despite the surprise the news brought, Doug Bauder, coordinator of the Gay Lesbian Bisexual Transgender office at IU, said marriage equality in Indiana was inevitable.

“It’s great news, and I wish it could have been sooner,” he said. “But the writing was on the walls.”

Bauder has been defending marriage equality for years and said he is pleased with how things are turning out.

“It’s insulting that people had to go elsewhere to wed those they love,” Bauder said.

The legalization of gay marriage in Indiana had its inception just a few months ago when a couple solemnized outside of the state requested their marriage be recognized in light of tragic events.

Young declared Indiana must recognize the out-of-state marriage, sparking debate as to whether marriage within the state should be recognized as well.

“They’re sort of the unsung heroes in this event,” Bauder said.

While gay marriage is legal in Indiana, not everyone is onboard with the idea.

Sources indicate Indiana Attorney General Greg Zoeller plans to appeal the federal court’s ruling. Support for Zoeller comes from Indiana Governor Mike Pence.

“Governor Pence supports the Attorney General’s efforts to appeal the federal court’s ruling and defend Indiana’s right to define the institution of marriage for the residents of our state,” Pence’s press secretary Kara Brooks said in a statement.

Though Pence and Zoeller plan to move forward with the appeal, they express compliance with the juvenile law. Despite state officials seeking appeal, Bloomington residents are at peace with the decision.

“I’m really excited,” Bloomington citizen Laura Brikmanis said. “Everyone should have the same rights. I’m glad to see that we’re taking steps forward.”

Get stories like this in your inbox
Subscribe