Legal Expert Says Same Sex Marriage Ruling Indicates A Judicial Shift, Despite Its Narrow Application

A federal judge’s ruling that ordered Indiana to recognize a same sex marriage performed in another state is temporary and narrowly applies to only one couple, but a legal expert says it’s part of a larger judicial shift on the issue.

Niki Quasney and Amy Sandler were married in Massachusetts last year and asked the court for emergency recognition of their marriage because Quasney is terminally ill with ovarian cancer.  U.S. District Court Judge Richard Young temporarily granted the couple’s request. 

The Indiana Attorney General’s office downplayed the significance of Young’s ruling, noting it doesn’t affect any other couple in the state.  But Indiana University law professor David Orentlicher says the ruling is part of a shift in momentum as more courts recognize a constitutional right to same sex marriage.

“Now there will be other decisions that go the other way, but it’s been pretty dramatic and the more we see decisions like this, the more clear it becomes that recognition of same sex marriage is matter of when, not whether,” Orentlicher said.

During Thursday’s court hearing, the state argued it has a compelling interest to regulate marriage because it wants to encourage relationships that produce children – an often-heard argument from opponents of same sex marriage.  But Orentlicher says that argument is holding less merit, in part because same sex couples have children.

“We know that married people are healthier, they are economically more secure and they live longer.  So it’s good, even if you’re not having kids, to be married,” he said.

Orentlicher says shifts in public views on the issue can also have an impact, noting that courts – including the U.S. Supreme Court – often don’t like to get too far ahead of public opinion.