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FROM THE SCOTUS BLOG: A LOOK AT WHAT'S NEXT ON SAME-SEX MARRIAGE - Analysis

Lyle Denniston has written a report on what he predicts will happen next regarding same-sex marriage and SCOTUS. Denniston writes, "Under the Court’s current schedule, it is not due to make any public move until Monday (October 13) at 9:30 a.m. — unless it would take some action on the unrelated subject of voting rights in this year’s election, a building controversy." "Monday morning, the Justices officially start a new Term, but before they go to the bench, they will release a huge list of orders dealing with cases that built up on the docket, seeking review, over the summer months. That new list is almost certain to be made up mainly of denials of review."

Click on this link to read the entire story: https://www.scotusblog.com/2014/10/a-look-at-whats-next-on-same-sex-marriage/

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FROM THE SCOTUS BLOG: SAME-SEX MARRIAGE CASES SET FOR EARLY LOOK

On Wednesday, September 10, 2014, the SCOTUS Blog reported that the same-sex marriage cases are set for an early look.

"Seven petitions — three from Virginia, and one each from Indiana, Oklahoma, Utah, and Wisconsin — will be submitted to the Justices at that session. There is, of course, no certainty that they will act on any or all of them at that point, but the option is there. With all sides agreeing that the time to rule is now, it would be a surprise if the Court opted to bypass the issue altogether in its new Term."

One year ago, Hoosiers supporting Marriage Equality were joining with Freedom Indiana to defeat HJR-3. Now, one year later, we are facing the possibility that the Supreme Court of the United States will hear our case - with a possible ruling by next summer!

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INDIANA SAME-SEX MARRIAGE CASES GOING TO THE SUPREME COURT!

Today, September 9, 2014, the Pence Administration announced they were appealing the 7th Circuit Court ruling on marriage equality to the U.S. Supreme Court. The state also will ask for a continuation of the current stay prohibiting same-sex marriages in Indiana while the case is being appealed.

It is our hope that the Supreme Court will uphold the rulings that support Marriage Equality, and that the relationships of our same-sex family members and friends will be respected and treated fairly.

Read Tim Evans' story here in the Indy Star:

https://www.indystar.com/story/news/2014/09/09/sides-sex-marriage-fight-turn-us-supreme-court/15332203/

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Judge Posner’s Gay Marriage Opinion Is a Witty, Deeply Moral Masterpiece

In this article in Slate, author Mark Joseph Stern shares his thoughts about Judge Richard Posner's ruling in the 7th Circuit Court that struck down Indiana's and Wisconsin's same-sex marriage ban. Included in the article is a link to Judge Posner's opinion. Posner tore to shreds each states' arguments for wanting to deny same-sex couples the right to marry. It is a bit long but well-worth reading.

Here is one quote from Judge Posner: "Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry. Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure."

Here is the link to the article:

https://www.slate.com/blogs/outward/2014/09/05/judge_richard_posner_s_gay_marriage_opinion_is_witty_moral_and_brilliant.html?wpsrc=sh_all_tab_tw_top

Here is the link to Judge Posner's opinion:

https://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D09-04/C:14-2526:J:Posner:aut:T:fnOp:N:1412339:S:0

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ORAL ARGUMENTS IN 7th CIRCUIT COURT

RE: INDIANA AND WISCONSIN SAME-SEX MARRIAGE PLAINTIFFS

On September 4, 2014, the 7th Circuit Court ruled that the bans on same-sex marriage in Indiana and Wisconsin are unconstitutional on equal protection grounds. However, the decision is not immediately enforceable. Attorney Bill Groth tells us, "it does not become binding for 14 days until the Court issues its "mandate." Of course, the Attorney General has already told us he is filing for a stay of that mandate as early as tomorrow (Sept. 5), and the Court, taking its clue from the Supreme Court, will likely renew the stay. The only thing that could change that would be if Zoeller were to give up and forego an appeal to SCOTUS. He is under no obligation to keep his appeal going, but he will claim otherwise."

Mr. Groth is encouraging us to e-mail and/or phone Attorney General Zoeller's office and tell him to drop his frivolous appeal as did other AGs in other states and stop wasting our money to keep these discriminatory laws on life support."

To contact the Attorney General:

Phone: 317.232.6201

E-mail: https://www.in.gov/attorneygeneral/3063.htm

In The Bilerico Project, John Becker explains the decision, and gives us some wonderful quotes from Judge Richard Posner, a Reagan appointee.

Included from page 2 of the ruling:

"Formally these cases are about discrimination against the small homosexual minority in the United States. But at a deeper level, as we shall see, they are about the welfare of American children. The argument that the states press hardest in defense of their prohibition of same-sex marriage is that the only reason government encourages marriage is to induce heterosexuals to marry so that there will be fewer 'accidental births'... Overlooked by this argument is that many of those abandoned children are adopted by homosexual couples, and those children would be better off both emotionally and economically if their adoptive parents were married."

John Becker was present at the hearing in Chicago on August 26th where oral arguments were heard in the 7th Circuit Court. In this article you can get a sense of what was going on in the courtroom. Included are reactions from supporters and opponents of Marriage Equality, as well as the audios of the Indiana and Wisconsin oral arguments.

https://www.bilerico.com/2014/08/marriage_bans_take_a_beating_at_the_seventh_circui.php

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LOUISIANA UPHOLDS BAN ON SAME-SEX MARRIAGE

Going against what is becoming a national trend, a federal judge in Louisiana has upheld that state's ban on same-sex marriage. U.S. District Judge Martin Feldman wrote, "any right to same-sex marriage is not yet so entrenched as to be fundamental" and that gay marriage was "inconceivable until very recently."

Feldman, who was appointed to the bench by President Reagan, also said, "The Court is persuaded that a meaning of what is marriage that has endured in history for thousands of years, and prevails in a majority of states today, is not universally irrational on the constitutional grid."

https://www.nytimes.com/2014/09/04/us/louisiana-gay-marriage-ban-upheld-by-federal-judge.h

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THE EVOLUTION OF JUDGE POSNER ON MARRIAGE EQUALITY

Chris Johnson of The Washington Blade has written a very good piece on the evolution of Judge Posner on Marriage Equality.

In the first paragraph, Mr Johnson writes, "U.S. Circuit Judge Richard Posner has earned the distinction of delivering one of the most sharply written decisions affirming a constitutional right to same-sex marriage, but a look at the jurist’s three-decade career on the federal bench reveals it took time for him to reach those views."

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STATES, BUSINESSES, FAMILIES AGREE IN NEW BRIEFS:

SCOTUS SHOULD RULE ON MARRIAGE

Adam Polaski from Freedom to Marry reports that a new roster of amici briefs were filed to the United States Supreme Court urging the Justices to consider the freedom to marry as soon as possible. The briefs lay out the urgency of bringing an end to the tangible harms and national disparities in how same-sex couples and their families are treated and encourage the Supreme Court to bring the country to national resolution without delay.

We're proud that PFLAG is included in the organizations that filed some of these briefs! You can read their brief and the others at this site:

https://www.freedomtomarry.org/blog/entry/states-businesses-families-agree-in-new-briefs-scotus-should-rule-on-marria

MARRIAGE EQUALITY

SHOW THAT YOU BELIEVE INDIANA

IS READY FOR MARRIAGE!

Annette is a proud mother—and is excited to declare that #INisReady for marriage equality! Show the world that you’re a Hoosier who is ready for marriage equality with your very own #INisReady photo: https://hoosiersunite.org/INisReady