Bowling v. Pence

Same-sex marriage has been legally recognized in the U.S. state of Indiana since October 6, 2014. The state had previously restricted marriage to male-female couples by statute in 1986. By legislation passed in 1997, it denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the U.S. Court of Appeals for the Seventh Circuit granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Court of Appeals affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

The U.S. Supreme Court declined to consider an appeal in Baskin v. Bogan on October 6, which allowed the Seventh Circuit Court of Appeals to implement its decision requiring Indiana to license and recognize same-sex marriages.

A law enacted in 1997 forbids the recognition of same-sex marriages established in jurisdictions outside Indiana. "IC 31-11-1-1 Same sex marriage prohibited, Sec. 1 (a) Only a female may marry a male. Only a male may marry a female. (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized. As added by P.L. 1 1997, Sec. 3. Amended by P.L. 198-1997, Sec. 1."

On November 26, 2012, Indiana Equality Action published a study researched by law students from the LGBT Project at the Indiana University Maurer School of Law titled "More Than Just a Couple: 614 Reasons Why Marriage Equality Matters in Indiana." The study detailed the rights and responsibilities of civil marriage found in 614 laws in the Indiana Code. It said that these laws show that marriage discrimination in the state not only denies many legal rights to same-sex couples but also denies the public protection from conflicts of interest from activities that are prohibited for opposite-sex married couples but not for same-sex couples.

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