Traditional Marriage Argument Paper

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Several same-sex couples recently filed lawsuits seeking to strike down Indiana’s traditional marriage definition law. As Indiana attorney general, I have been asked why my office is defending the statute in court when some AGs in other states are not defending their states’ traditional marriage laws from similar lawsuits. I explain that I took an oath to represent and defend Indiana’s state government and its existing statutes. I don’t make the laws – that’s the Legislature’s job – but I have a solemn obligation to defend those laws while there is a good-faith defense, and I cannot shirk my duty nor abdicate that responsibility to others.

This is not personal advocacy on my part or by the lawyers who work in my office. Whenever the State
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But even he defended his state’s marriage law at the federal district court stage, and his decision not to continue representing his state’s position on appeal does not mean the law will go undefended. Instead, the Kentucky governor had to hire outside counsel to defend the statute in court. Was the Kentucky attorney general on the “wrong side of history” when he represented his client, but suddenly on the “right side of history” when outside lawyers were called in at significant cost to Kentucky taxpayers to do …show more content…
Indiana courts previously have upheld Indiana’s marriage law, and the U.S. Supreme Court has previously permitted states to license marriage as between one man and one woman. While there are various challenges of multiple states’ laws now working their way through the federal appeals court pipeline, until and unless the U.S. Supreme Court rules otherwise, the State of Indiana has the right and obligation to enforce its longstanding statute and defend it from plaintiffs’

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