Indiana

STATUS:

Anti-marriage law; a federal judge has ruled in several different cases that the statute is unconstitutional, and that decision has been upheld by the 7th Circuit Court of Appeals, with the ruling stayed and seeking review from the U.S. Supreme Court.

WHAT'S HAPPENING:

On September 29, 2014, the United States Supreme Court will have its first chance to consider hearing this federal marriage case seeking the freedom to marry in Indiana. The state of Indiana has appealed a September 4 ruling from the 7th Circuit Court of Appeals in favor of the freedom to marry, which upheld a lower court ruling from June 25 that declared it unconstitutional for Indiana to deny the freedom to marry to same-sex couples.

On June 25, 2014, U.S. District Court Judge Young struck down Indiana's ban on marriage for same-sex couples, declaring that the law violates the U.S. Constitution's guarantee of equal protection and due process. The ruling took effect immediately, and same-sex couples were able to marry for several days before the ruling was stayed pending appeal.

On August 19, 2014, Judge Young issued a new ruling in a different case, declaring that same-sex couples legally married in other states must be respected as such in Indiana. Read more about marriage litigation in Indiana.

After the 2014 legislative session, where marriage supporters worked to ensure that HJR-3, a constitutional amendment that sought to ban any and all protections for same-sex couples and their families, did not appear on the November 2014 ballot, marriage supporters are continuing to work toward the freedom to marry in Indiana.

In June 2014, marriage supporters came together to form Hoosiers Unite for Marriage, a public education effort dedicated to increasing support for marriage in Indiana. 

HISTORY:

Every year since 2004, the Indiana state legislature has proposed or voted on a constitutional amendment to exclude same-sex couples and their families from marriage. In 2011, the House and Senate approved the proposed amendment.

In 2013 and 2014, marriage supporters came together to launch Freedom Indiana, the campaign to defeat an identical version of the amendment, HJR-3. If it were approved again, the anti-freedom amendment would be placed before voters in November 2014, but in February 2014, Freedom Indiana succeeded in  The amendment, HJR-6, must be defeated in order to protect liberty for all Hoosiers in the state. 

An Indiana state statute forbids the government from recognizing or performing marriages or other forms of union between same-sex couples.

GROUPS ACTIVELY WORKING ON MARRIAGE:

  • Hoosiers Unite for Marriage is the grassroots public education campaign to build support for the freedom to marry in Indiana.
  • Freedom Indiana is a statewide bipartisan coalition of businesses, faith leaders, civil rights and community organizations, and individuals united to defeat a proposed constitutional amendment that would permanently ban all protections for same-sex couples and their families in Indiana. Freedom to Marry was proud to serve as a leading member of the coalition. 
  • Indiana Equality Action is a coalition of organizations from around the state that focus on ensuring basic human rights for Indiana's LGBT citizens.
  • The ACLU of Indiana is the state affiliate of the American Civil Liberties Union, committed to standing up for equality for all Hoosiers.
  • Freedom to Marry is the campaign to win marriage for same-sex couples nationwide. 

RECENT POLLING: 

54% of Indiana residents oppose changing the state constitution to bar gay couples from marrying, while just38% support doing so. (Bowen Center for Public Affairs at Ball State University and WISH-TV, December 2012)

NUMBER OF SAME-SEX COUPLES

According to The Williams Institute's analysis of the 2010 U.S. Census, 11,074 same-sex couples are living in Indiana, representing 4.4 same-sex couples per 1,000 households.

Blog Posts Related to Indiana

Indiana agrees that same-sex couple’s marriage license should be respected

Today, September 12, U.S. District Judge Joseph Van Bokkelen allowed the state of Indiana to respect the marriage of Veronica Romero and Mayra Yvette Rivera, a same-sex couple who have been together for 27 years and live in Whiting, IN with their two children.

Marriage cases will be considered at first SCOTUS conference on 9/29

Today, September 10, 7 different petitions seeking certiorari in marriage cases from 5 states were distributed for the September 29 conference at the United States Supreme Court.

Wisconsin and Indiana urge Supreme Court to hear marriage cases

Today, September 9, less than one week after the United States Court of Appeals for the 7th Circuit unanimously affirmed lower court rulings striking down marriage bans in Indiana and Wisconsin, defendants in both cases filed their petitions for certiorari with the United States Supreme Court.

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Resources Related to Indiana

Pew Poll Finds Growing Support for Freedom to Marry Among Evangelicals, Majority Support Among Youth

A comprehensive Pew poll found majority support for the freedom to marry among young people, college graduates and Catholics, with growing support among all other religious categories.

Indiana Census Snapshot

Demographic and economic information about same-sex couples and same-sex couples raising children in Indiana.

Geographic Trends Among Same-Sex Couples in the U.S. Census and the American Community Survey

Groundbreaking research showing a huge increase in same-sex couples identifying themselves as "unmarried partners".

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