Thursday, August 22, 2002
Indiana becomes the newest battleground on the issue of same-sex marriage
A story published today by the Indianapolis Star reports that three local Indiana couples are expected to file a lawsuit today demanding the right to marry here, making Indiana the newest battleground in the fight over same-sex marriages.
Stephens and Ruth Morrison, 42, are among the six plaintiffs filing the suit -- which names Gov. Frank O'Bannon and the clerks of Marion and Hendricks counties as defendants. County clerks issue marriage licenses.
The couples already have traveled to Vermont to enter into civil unions, which provide the same rights, benefits and responsibilities given to heterosexual couples there but don't carry any legal standing in Indiana or other states.
Legal standing is exactly what is being sought with the lawsuit. It's about things like hospital visitation rights, legal standing when one partner dies and health care benefits for domestic partners.
The legal fight, the first of its kind in Indiana, will be the most recent in a battle that has played out over the past decade. Leading Indiana conservatives criticized the lawsuit, and activist advocates to acknowledge the effort is a long shot.
Indiana's 1997 law prohibits the state from recognizing same-sex marriages "solemnized" in other states. State law already had banned same-sex marriage.
"Once you define marriage as something beyond a man and woman, there's no logical stopping point," said Micah Clark, executive director of the American Family Association. "What about three men? What about two men and a woman?"
State Rep. Woody Burton, R-Greenwood, who authored Indiana's law, said he will seek further legislation if the lawsuit succeeds.
"The relationship between a man and a woman as a man and wife has been the standard since this country was founded," he said.
Brian Vargus, director of Indiana University's Public Opinion Laboratory, said the public is more evenly split when the question is whether same-sex couples should receive the same benefits as married couples. The word marriage, he said, inspires strong emotions.
"When you're dealing with values, and in this case religious values, they are among the deepest and strongest commitments that people have," he said.
Sean Lemieux, an attorney at the ICLU, which is paying for the suit, said the case will take a long time to play out because one side or the other undoubtedly will appeal lower court decisions.
"We're in it for the long haul," he said.
