Indiana State Attorney Begins Argument Over Same-Sex Marriages


Published 08/27 2014 01:49PM

Updated 08/27 2014 02:08PM

The ability to procreate, that's how the Indiana State Attorney began his argument for why same sex couples in Indiana should not be allowed to marry.

The Federal Court Hearing in Chicago began at 9:30 sharp, Tuesday morning, which is where WFFT sent Isabella Moller.  She was in the court room and from what we hear a very packed court room at that.

The 14th Amendment states that no state shall deny to any person the equal protection of rights and that's exactly what same sex couples fought for at the Dirksen Federal Building in Chicago early Tuesday morning.

"The arguments presented were really interesting.  The judges are really really looking at this case in a very intense way."

Monica Werhle and Harriet Miller, plaintiffs in this case from Fort Wayne feel great and sat the court hearing in Chicago for Freedom to Marry in Indiana was thrilling and they are proud of their attorney from the ACLU.

The court hearing started off with the State Attorney speaking, saying marriage is about the ability to pro-create and since same sex couple cannot, they then cannot be married.

The Judge then asked for those same sex couples that choose to adopt on of Indiana's 10,000 foster children, shouldn't they have equal benefits as heterosexual parents have?  The Indiana State Attorney Thomas Fisher did not have an answer.

Monica explains the Judge asking if there are any benefits in Indiana to not allow same sex marriage, "The costs the children of adoptive parents who are homosexual pay a lot of costs financially, emotionally, socially, what are the benefits to the State.  The State could not answer that question."

State Attorney Fisher responded saying there must be boundaries for the state which is why same sex marriage should not be allowed.

Ken Falks, the Attorney for the ACLU believes the court realizes there is a basic fallacy for the notion of responsible procreation.

"Indiana allows people to marry who cannot procreate and Indiana allows people to adopt who cannot marry and that doesn't make sense."

Harriet says hearing the judge's compassion and comprehension was an emotional experience.

"The significance of marriage for gays and lesbians for children and families was heart rendering."

Although a result will not be immediate, the results will be important for future generations.

"There is justice and equality and that we do follow our Constitution and we honor people."

A result may not come for weeks if not months, but both Harriet and Monica are hopefully the judge will make the right call.

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