Indiana Marriage/Relationship Recognition Law
HRC monitors a wide range of laws that affect GLBT people and their families. Below you will find a review of the laws regarding marriage and relationship recognition for same-sex couples in Indiana. You can also follow recent developments and legislative activity in the states by using the state legislation database.
• Licenses marriages for same-sex couples? No.
• Honors marriages of same-sex couples from other jurisdictions? No.
Indiana law states: “Only a female may marry a male. Only a male may marry a female. A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.”
• Any form of statewide relationship recognition for same-sex couples? No.
• Citation: IND. CODE ANN. § 31-11-1-1.
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Recent Developments in Indiana
Three same-sex couples filed a lawsuit seeking the right to marry Aug. 22, 2002, in Marion County Superior Court. The three couples had all entered into civil unions in Vermont, which weren’t recognized by the state of Indiana. They then applied for marriage licenses in Indiana and were denied. The case, Morrison v. O’Bannon, was argued by the Indiana Civil Liberties Union. The ICLU argued that denying same-sex couples the right to marriage violated the provision in the state constitution guaranteeing Indiana residents the right to life, liberty and the pursuit of happiness.
A Marion County Superior Court judge dismissed the case in May 2003, citing that the state’s exclusive recognition of marriage between opposite-sex couples was justifiable because it “promote[d] the state’s interest in encouraging procreation to occur in a context where both biological parents are present to raise the child.” The ICLU appealed, and the Indiana Court of Appeals heard arguments in the case in January 2004. The case is still under consideration.
Indiana is one of 40 states with laws that explicitly define marriage as the union of a man and a woman. For more information, visit Indiana Equality.
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• Thinking About Getting Married? Get Advice First
This article is provided by HRC.com
