Tuesday, April 14, 2009

Following up on Iowa Legalizes Same-Sex Marriage and News for Indiana

Another Indiana lawyer writing on the Iowa same-sex case - Iowa's impact on Indiana: my heart versus my head.

"In dealing with Indiana’s marriage laws, our courts have said that so long as there is any plausible reason for treating similar classes of people differently, they’ll rubber stamp it and go out for coffee even if they think the legislature didn’t have that reason anywhere in mind when the law was enacted."

I could go on and on here, and probably will later on, but for now, when you begin to read and hear the noisy chorus of people insisting that Indiana needs an amendment because “unelected activist judge” disease is just one state away from Hoosierland, remember this: Every state is different when it comes to interpreting its constitution . Remember not too long ago when our opponents were making distinctions between Michigan/Ohio decisions and what Indiana would do concerning things like domestic partnerships/domestic violence under different amendment language? They can’t have both sides of the same argument…..but of course that doesn’t deter them from trying.

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