Love v. Pence - Motion for Immediate Injunction

This week, in the Indiana same-sex marriage case of Love v. Pence, the plaintiffs (represented by me and four other attorneys) filed a Motion for Immediate Preliminary and Permanent Injunctive Relief. In other words, we filed to have Judge Richard L. Young immediately force Indiana to issue marriage licenses to same-sex couples and to recognize valid same-sex marriages from other jurisdictions.

You can read our Memorandum in Support here. It is similar to the winning brief we filed in the Kentucky same-sex marriage case of Bourke v. Beshear, since the constitutional issues are the same. There have been some modifications, but the general arguments remain the same: discriminatory marriage laws violate the Due Process and Equal Protection clauses of the Fourteenth Amendment; discriminatory marriage laws violate the Establishment Clause of the First Amendment because they were enacted to impose Christian values upon all citizens; the laws violate the First Amendment's guarantee of freedom of assembly; the laws interfere with the fundamental right to travel between states unimpeded; and the laws disregard the Full Faith and Credit Clause of the constitution.

A telephonic conference with Judge Young is scheduled for later this week. In the meantime, four other lawsuits have been filed against Indiana's marriage law by other attorneys, some with organizations like the ACLU and Lambda Legal. Best of luck to all plaintiffs! I believe all of those cases have been sent to the desk of Judge Young, which means corralling all the challenges could be quite a task for him. I'm sure he will be up to it.