Proponents of marriage equality garnered two major victories today. This morning U.S. District Judge Richard L. Young ruled Indiana’s ban on marriages by gay and lesbian couples unconstitutional and the U.S. Court of Appeals for the Tenth Circuit upheld an earlier ruling that Utah’s same-sex marriage ban is unconstitutional. The Hoosier state’s marriage ban becomes the latest in a string of bans to be ruled unconstitutional since the U.S. Supreme Court’s historic rulings last year striking down Section 3 of DOMA and California’s Prop. 8. Utah’s marriage ban was struck down in December.
According to the Human Rights Campaign, in Baskin v. Bogan, Lambda Legal and local private counsel sued the state on behalf of same-sex couples who argue that Indiana’s ban on marriage equality violates the U.S. Constitution. In his ruling, Judge Young wrote, “In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a 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.”
The Indy Star reports that Marion County Clerk Beth White is prepared to issue marriage licenses to same-sex couples in her office at the City-County Building in Downtown Indianapolis.
Over in Utah, the Salt Lake Tribune reports that by upholding a Utah judge’s decision, the Tenth Circuit became the first appeals court to rule on the issue, setting a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process. But the court stayed the implementation of their decision, pending a decision from the U.S. Supreme Court
The split ruling affects all states in the Tenth Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.
Earlier this month, U.S. District Court Judge Barbara Crabb ruled Wisconsin’s marriage ban unconstitutional. Hundreds of marriages took place in the Badger state before Crabb stayed her ruling. Just a week before Crabb’s ruling, the U.S. Supreme Court refused to block marriages of same-sex couples in Oregon.