Same Sex Marriage: The Status of Indiana and Impact of Surrounding States

A recent blog post explored a Court of Appeals case just recently handed down which allowed for a same sex partner to seek visitation of a child after the couple had split up. The topic of same sex couples, marriages, and parents have come to the forefront of many areas of domestic and family law, and is being reviewed and addressed by several states and agencies within states across the nation currently.

A previous blog post explored a proposed ban on same-sex marriage as a constitutional amendment in Indiana¹. At the time, the United States Supreme Court had not yet ruled on the cases involving gay marriage² and the Indiana proposed amendment was put on hold. However, as these United States Supreme Court cases have now been decided, and a portion of the Defense of Marriage Act (DOMA) has been declared unconstitutional, the same-sex marriage debate in Indiana continues. Currently, Indiana does not recognize same-sex marriage under the Indiana Code³. However, several other states have passed legislation making same-sex marriages legal in their states.

In a recent vote by the Indianapolis City-County Council, a resolution was passed in a 22-6 vote opposing a constitutional amendment banning same-sex unions⁴. One potential reasoning for the vote passing was to show that Indianapolis is a “welcoming city” and not discriminating against those to seek to enter into a same-sex marriage.⁵

This message comes shortly after Illinois passed legislation allowing same-sex couples to wed, making it a potential destination for Indiana same-sex couples wishing to marry⁶. This makes Illinois the closest state to allow same-sex marriages, as in fact, Michigan, Ohio, and Kentucky ban same-sex marriages in their constitutions.⁷ There may be an issue, however, with Indiana couples marrying in Illinois as an Illinois state law prohibits marriage of non-residents if the marriage is void/illegal in their state.⁸

While there are still many unknowns and the tide is continuously changing in regard to same-sex marriage and its federal and state implications, the debate in Indiana continues on. It is yet to been seen where Indiana will fall on the issue.

We hope that this blog post has been helpful in exploring updates to the same-sex marriage topic and the status of Indiana at this time. Dixon & Moseley, P.C. practices throughout the state of Indiana. This blog post was written by attorney, Jessica Keyes.

1. See https://www.in.gov/legislative/bills/2010/PDF/RES/SJ0013.2.pdf
2. Hollingsworth v. Perry and U.S. v. Windsor
3. See Ind. Code §31-11-1-1-defining marriage between a man and a woman only.
4. Milz, Mary and Kevin Rader, “Indianapolis City-County Council Passes Gay Marriage Resolution”, wthr.com, November 12, 2013
5. Id.
6. Murray, Jon. “Gay Hoosiers Able to Wed in Illinois?”, The Indianapolis Star, November 7, 2013.
7. Id.
8. Id.