Update on Same-Sex Marriage: All Eyes on April 28

The American Civil Liberties Union on February 27 announced the filing of a brief in the U.S. Supreme Court on two cases that challenge Kentucky state laws, one barring same-sex couples from marrying and the other prohibiting recognition of same-sex couples' marriages from out of state. We expect the arguments to take place on April 28.

The Supreme Court has consolidated six cases from four states on the issue of marriage equality. Kentucky is the only one that presents both issues: whether the Fourteenth Amendment requires states to license marriages between same-sex couples and whether the Fourteenth Amendment requires states to recognize same-sex marriages from another state. The ACLU is co-counsel for the plaintiff couples in both Kentucky challenges.

On January 16, 2015, the U.S. Supreme Court granted review of a federal appeals court ruling that upheld bans on the freedom to marry and recognition of marriages of same-sex couples legally performed in other jurisdictions in Kentucky, Michigan, Ohio and Tennessee. Its review sets the stage for final resolution of the debate about marriage equality for same-sex couples nationwide.

It is too soon to know what the Court will decide and what impact any decision might have on couples in Indiana. For now, marriage equality remains the law in Indiana. We remain cautiously optimistic that the Court will recognize marriage equality for same-sex couples, and we will remain watchful and report developments as soon as we receive them.