All sorts of legal questions still exist with Wednesday’s court rulings, including how states with laws and constitutional amendments banning same-sex marriage will fare if they’re challenged in court.
“It’s impossible to know for sure what might happen in future cases” IU’s Widiss said. “It might [erode state laws] but it’s not clear yet how all the different pieces would shake out.”
Widiss said under the rulings handed down Wednesday, if a same-sex couple married in a state which recognized same-sex marriages moved to Indiana, that marriage wouldn’t be recognized under Indiana law.
After Wednesday’s decision, “What’s not clear is whether they’d be married for the purposes of federal law. But they’re definitely not married for the purposes of Indiana law,” Widiss said.
State Rep. Eric Turner, the Cicero Republican who’s carried the same-sex marriage ban amendment, said court’s rulings don’t affect the 36 states where either laws or constitutional amendments are in place.
“I am encouraged that states can still make their own decisions on the definition of marriage,” Turner said.
But Indiana Attorney General Greg Zoeller, who’s expressed concerns that throwing out the DOMA law would have an “eroding” effect on state marriage bans, predicted more legal challenges to come.
Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup. Scott Smith can be reached at email@example.com