Indiana’s ban on same sex marriage has been declared unconstitutional by US District Judge Richard Young.
The Indiana Defence of Marriage Act was passed in 2004, and was struck down for violating the equal protection clause of the US Constitution.
The judge did not stay the ruling, so same sex couples can begin to marry immediately.
Marion County Clerk Beth White said she will begin marrying same sex couples immediately in the City-County Building in Downtown Indianapolis, according to the Indiana Star.
“The clerk’s office will be open until at least 4:30p.m. this evening to issue licenses. I will also conduct short, civil ceremonies on a first-come, first-serve basis for a voluntary $50 contribution to the Indiana Youth Group.” she said.
Republican Greg Zoeller, the state’s attorney general, said he intends to appeal the ruling.
Judge Young wrote the following statement in the ruling:
The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue.
“In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional.
“It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love.
“In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a same-sex marriage.
“These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.”
