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Indiana court turns back bid for marriage by same-sex "couples"

ADF official comment
Published On: 10/18/2017

INDIANAPOLIS – An Indiana court dismissed a same-sex "marriage" case today known as Morrison v. Sadler brought by three different same-sex couples last year. 

Indiana law recognizes that marriage is only between one man and one woman.  The court made it clear today that the "inherent distinctions" between opposite sex and same-sex couples make the idea of same-sex marriage "a departure from historical traditions of marriage" that cannot stand up under Indiana law.

"This case shows there are courts in America that understand very well that the sexual revolution did not change the essential meaning and nature of marriage," said Glen Lavy, an attorney with the Alliance Defense Fund. 

In the opinion, Judge S.K. Reid of the Marion Superior Court Civil Division ruled that same-sex couples are so biologically and legally different from one man-one woman unions that the court cannot simply declare that same-sex couples can "marry."

The court gave three reasons for throwing the case out. 

First, marriage between one man and one woman "promotes the state’s interest in encouraging procreation to occur in a context where both biological parents are present to raise the child." The court added that "same-sex couples are not similarly situated with opposite-sex couples who cannot reproduce because same-sex couples can never reproduce on their own as a categorical matter."

Second, maintaining marriage between one man and one woman "vindicates the related interest in promoting the traditional family as the basic living unit of our free society."

Third is the goal of "protecting the integrity of traditional marriage."  The court said that because of "the history of traditional marriage as a critical component of Western Civilization, it is rational for the (Indiana) General Assembly to recognize opposite-sex marriage in order to promote traditional families as the bedrock of society.  Same-sex marriage has not played a similar historical role …"

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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