"Republicans and Democrats are both responsible for the legalization of homosexual marriages," Republican political activist Eric Miller declared, standing outside the Indiana State Capital.
Miller blames lawmakers for not taking action on the proposed constitutional amendment in 2013. Now he will be asking lawmakers to reintroduce a constitutional amendment in 2015 allowing voters to ultimately decide the issue in 2016.
"We must pass a constitutional amendment because we believe the Supreme Court will rule the same as it did last year that states can decide marriage the way they want to," Miller added.Excuse me, Mr. Miller, but it would have made absolutely no difference whether Indiana's Defense of Marriage Act was written in our state's constitution as opposed to the Indiana Code. Whether the law in question was approved by voters as opposed to elected representatives would have made no difference in Judge Young's analysis. The Supreme Court's decision in U.S. v. Windsor cannot be read to say that states were still free to discriminate in its recognition of marriages based on sexual orientation as Miller asserts. Indeed, Justice Scalia's dissenting opinion predicted the exact result Judge Young reached just like dozens of other federal judges faced with the same question have already decided. As a lawyer, what part of federal preemption does Mr. Miller not understand? The Supremacy Clause of the U.S. Constitution means that states cannot enact laws that conflict with federal law, particularly laws that seek to interfere with individual rights found to be guaranteed by the Bill of Rights and applied to the states by incorporation through the Fourteenth Amendment. If you don't agree with Judge Young's ruling, your problem is with the U.S. Constitution and how that document has been interpreted by our Supreme Court, not state lawmakers.
UPDATE: One of the few holdouts among the state's county clerks in refusing to issue marriage licenses to same-sex couples following Wednesday's ruling by Judge Richard Young is Daviess County Clerk Sherri Healey, who tells reporters that "the U.S. was founded on the biblical principle of one man and one woman in marriage" and that's what she will follow until she is ordered to issue marriage licenses to same-sex couples. Indianapolis gay activist Kevin Fyffe, who hails from Washington, Indiana originally, tells his Facebook friends that Healey is his sister. "Yes ladies and gentlemen-this is my sister," Fyffe writes. "You can't make this s_ _ _ up."