Indianapolis, Indiana -
The state of Indiana Friday told the Indiana Court of Appeals that banning same-sex marriage is not discrimination.
The state, in papers filed with the court, says that the ban is justified because the Indiana Constitution provides no right to state-recognized same-sex marriage. The brief goes on to argue that the state marriage law serves several important interests, including promotion of the traditional family as the foundation of society.
The 1986 law says only a man may marry a woman and only a woman may marry a man.
The court is hearing an appeal of a lower court case brought by three same-sex couples in 2002 that said the state had violated their civil rights by not allowing them to marry.
In May, Marion Superior Court Judge S.K. Reid dismissed the suit, ruling that state legislators have the right to establish rules for marriage as they see fit. (story)
The couples, represented by the Indiana Civil Liberties Union, appealed.
"The marriage statute . . . does not bear a substantial relationship to any government interest in promoting procreation," ICLU legal director Ken Falk argues in his appeal.
The ICLU has 15 days to respond to the attorney general's arguments, after which the appeal will go to the court for a decision.
Two conservative groups have filed "friend of the court" briefs supporting the state. The court has not decided whether to accept their arguments.
One was filed jointly by Focus on the Family and the Family Research Council. The other was filed by Indianapolis' Catholics Allied for the Faith Inc.
©365Gay.com® 2003
The state, in papers filed with the court, says that the ban is justified because the Indiana Constitution provides no right to state-recognized same-sex marriage. The brief goes on to argue that the state marriage law serves several important interests, including promotion of the traditional family as the foundation of society.
The 1986 law says only a man may marry a woman and only a woman may marry a man.
The court is hearing an appeal of a lower court case brought by three same-sex couples in 2002 that said the state had violated their civil rights by not allowing them to marry.
In May, Marion Superior Court Judge S.K. Reid dismissed the suit, ruling that state legislators have the right to establish rules for marriage as they see fit. (story)
The couples, represented by the Indiana Civil Liberties Union, appealed.
"The marriage statute . . . does not bear a substantial relationship to any government interest in promoting procreation," ICLU legal director Ken Falk argues in his appeal.
The ICLU has 15 days to respond to the attorney general's arguments, after which the appeal will go to the court for a decision.
Two conservative groups have filed "friend of the court" briefs supporting the state. The court has not decided whether to accept their arguments.
One was filed jointly by Focus on the Family and the Family Research Council. The other was filed by Indianapolis' Catholics Allied for the Faith Inc.
©365Gay.com® 2003
This article originally appeared on 365gay.com. Republished with permission.
