August 27, 2014
On August 26, ACLU of Indiana Legal Director Ken Falk argued forcefully and skillfully before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit for fairness and equality for same-sex couples in Indiana. In answer to the judges' questions, Ken emphasized that the State of Indiana has no rational and defensible reason to discriminate against marriage for these couples. His brilliant and well-prepared arguments should make all Hoosiers proud.
We don't know when the Court will issue its decision, what its decision will be, or whether this fight will continue all the way to the U.S. Supreme Court. What we do know is that court decisions across the country have consistently favored equal protection for same-sex couples.
In the arguments yesterday, Ken conveyed that the lesson of these and other previous decisions is that we cannot limit who may marry based on an individual's characteristics or identity. It is incumbent on the lower courts to recognize that the arc of legal history—if not of actual history—has long passed by a toleration of discrimination against same-sex couples.
Because of your support, over the last days, weeks and months the ACLU of Indiana has been able to send a message to all Hoosiers: That marriage is marriage and love is love, and that marriage is a commitment that offers rights, responsibilities and protections to which all loving couples ought to be entitled.
The ACLU will remain in this fight until all people enjoy the full protections of fairness and equality guaranteed by our Constitution.
Thank you for everything you have done to help us make history.