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Judge strikes down Indiana ban on gay marriage

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A federal judge struck down Indiana’s ban on same-sex marriage in a ruling that immediately allows gay couples to wed.

U.S. District Judge Richard Young ruled that the state’s ban violates the U.S. Constitution’s equal-protection clause because it treats same-sex couples differently than couples of opposing genders.

“Same-sex couples, who would otherwise qualify to marry in Indiana, have the right to marry in Indiana,” he wrote. “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.”

Marion County Clerk Beth White said her office will start issuing marriage licenses immediately. White said she would perform short, civil marriage ceremonies for same-sex couples who make a $50 donation to a group supporting gay and transgender youths.

White’s office also is changing the wording of its online marriage license application from bride and groom to spouse and spouse.

Federal courts across the country have struck down gay marriage bans recently, but many of those rulings are on hold pending appeal. Attorneys on both sides of the issue expect the matter to land before the U.S. Supreme Court.

The Indiana attorney general’s office said it would appeal the ruling but declined further comment.

The ruling involves lawsuits filed by several gay couples, who along with the state had asked for a summary judgment in the case. Young’s ruling was mixed but was generally in favor of the gay couples and prevents the state from enforcing the ban.

After Judge Young’s ruling, the Roman Catholic bishops of Indiana issued a statement affirming marriage between one man and one woman.

In the statement the bishops said, “The Church upholds the dignity of every human person, including persons with same-sex attraction, whom we accept and love as our brothers and sisters. At the same time, the Church upholds the dignity and sanctity of marriage as a natural union established by God between one man and one woman, intended toward the establishment of a family in which children are born, raised and nurtured.”

The bishops explained that because God is its author, “it is not within the power of any institution, religious or secular to redefine marriage.”

The six Indiana bishops include Most Rev. Joseph Tobin, Archbishop of the Archdiocese of Indianapolis and Most Rev. Christopher Coyne, Auxiliary Bishop of the Archdiocese of Indianapolis; Most Rev. Charles Thompson, Bishop of the Diocese of Evansville; Most Rev. Kevin Rhoades, Bishop of the Diocese of Fort Wayne-South Bend; Most Rev. Dale Melczek, Bishop of the Diocese of Gary; and Most Rev. Timothy Doherty, Bishop of the Diocese of Lafayette-in-Indiana.

A movement to add a gay marriage ban to the Indiana Constitution faltered during this legislative session when lawmakers removed language about civil unions from the amendment. That means the soonest the issue could appear on a ballot is 2016, unless federal court rulings scuttle the proposed amendment.

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