364 days after the Supreme Court struck down the Defense of Marriage Act (DOMA), the U.S. Court of Appeals (10th Circuit) has upheld Utah’s ruling that the state’s ban on same sex marriage is unconstitutional. The court held that, “under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex.” The 2-1 decision reads in part, “the experimental value of federalism cannot overcome plaintiffs’ rights to due process and equal protection.”
Today a U.S. District Judge ruled that Indiana’s ban on same-sex marriage is unconstitutional. The Honorable Richard Young’s decision in Baskin v. Bogan states in part, “The Court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love. In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a same-sex marriage. 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.”
Soon after it was filed in March of this year, Lambda Legal filed a motion seeking immediate relief in Baskin v. Bogan. Niki Quasney and Amy Sandler were married in Massachusetts last year. The two Indiana residents have been together 14 years and have two young children. Niki was diagnosed with stage four ovarian cancer five years ago. Without the protection of marriage and the rights provided by such, same sex couples are not guaranteed rights such as hospital visitation or custody of children in the event of a partner’s death.
Lead Plaintiff in Baskin v. Bogan, Rae Baskin, said of the decision issued today, “We’re thankful that we no longer have to worry about what would happen if one of us becomes ill and we have to rush to the hospital. We have waited for this moment since we decided to share our lives with each other.”