Judge Deciding Constitutionality of Indiana's Ban on Gay Marriage

Published 05/02 2014 05:20PM

Updated 05/02 2014 05:25PM

A federal judge in Evansville is deciding the constitutionality of Indiana’s ban on gay marriage.

Lambda Legal, a law firm representing five gay Hoosier couples, is asking for the ban to be struck down because they believe it is discriminatory.

Solicitor General Thomas Fisher made arguments on behalf of the state of Indiana. He said procreation is the only reason the government cares about marriage and if marriage is extended to same-sex couples it could lead to new claims from other groups to marry, such as polygamists.

Lambda Legal is also representing Amy Sandler and Niki Quasney of Munster, Ind. Quasney is battling stage four ovarian cancer. The couple was granted a temporary restraining order last month, but it only lasts until May 8th.

Lambda Legal is asking the court for a preliminary injunction so the couple’s marriage can be recognized throughout the duration of the case.

Solicitor General Fisher said he’s sad to hear about Quasney’s deteriorating health, but said it’s important to ‘set aside human reaction and look at the law.’

A decision regarding Quasney and Sandler’s case will have to be made by May 8th. There is no timetable for the other decision. 

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