A judge for the US District Court for the Southern District of Indiana [official website] ruled [opinion, PDF] Tuesday that Indiana must recognize same-sex marriages performed out of state. The lawsuit was filed by one same-sex couple and one woman who sought a protective order against her wife; all plaintiffs were married outside of Indiana. The court considered the question of whether Indiana Code Section 31-11-1-1(b) [text] violated the equal protection clause of the Fourteenth Amendment [text]. Chief Judge Richard Young wrote:
The phenomenon that the court previously observed has continued to grow. Since issuing its prior orders, two circuit courts have found bans similar to Indiana's to be unconstitutional. This court reaffirms that conclusion today. ... Therefore, the court GRANTS Plaintiffs' motion for summary judgment.