Well–yesterday certainly was a DAY in Indiana!
Federal Judge Richard Young–no wild-eyed ‘librul’– issued a beautifully-crafted, soundly-sourced opinion invalidating Indiana’s ban on same-sex marriages. As a (recovering) lawyer, I read the entire decision with appreciation for its logic and application of precedent; it was extremely well-written, without more than occasional resort to the “legalese” that jurists so often employ.
As quotable as much of the 36-page opinion is, however, my favorite paragraph is this:
“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 the 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 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.
At virtually the same time as Judge Young handed down his ruling, the 10th district Court of Appeals was upholding lower court decisions invalidating Oklahoma and Utah bans.
It’s over. I know that is a bitter pill for our elected homophobes to swallow, let alone the folks whose fundraising depends upon demonizing gay folks, but it could hardly have come as a surprise. The handwriting has been on all the walls for several years now.
It’s past time for Greg Zoeller to stop spending Hoosier dollars defending discrimination. His determination to appeal a decision that mirrors every other decision the courts have handed down is an exercise in futility, a waste of time and money, but of course, he and Pence and the other Professional Christians can’t help themselves.
They refuse to understand that they already live in the dustbin of history.