Same-sex couples sue Indiana for the right to marry - wave3.com-Louisville News, Weather & Sports

Same-sex couples sue Indiana for the right to marry

Posted: Updated:

INDIANAPOLIS (WAVE) - The American Civil Liberties Union Friday filed a lawsuit on behalf of 15 gay or lesbian men and women asking for both the right to marry in Indiana and have their marriages from other states recognized. One of those couples is from right here in Kentuckiana.

"It's a challenge to come here and to put yourself out there," said Scott Moubray-Carrico, of New Albany.

He didn't set out to be the face of the fight for same-sex marriages in Indiana. It's just that he has two very important reasons to want them to happen.

"My partner and I have been together for 12 years and we adopted our son," said Moubray-Carrico. "He's six years old now."

Moubray-Carrico and his partner Rodney are two of 15 plaintiffs in the ACLU suit that argues that Indiana's laws blocking marriages deny gay couples due process and equal protection.

"Complicated legal notions that when boiled down, stand for two things: fairness and equality," said Ken Falk, the legal director for ACLU Indiana. "To tell them that they cannot wed solely because of their sexual preference is grossly unfair and it's grossly unequal."

Falk said the case will probably join with three or four other cases already filed in the Hoosier state and all will make their way through the courts together. Moubray-Carrico and his partner aren't waiting for a judge to rule. They are getting married in two weeks in Maryland.

"We can't wait anymore," he said. "We've decided we're not going to wait. We're going to have the federal recognition and beyond that, we're hoping that one day it will happen in Indiana."    

He said he's thinking of his son. "He's just now learning what marriage is, he's just now starting to comprehend it. He's excited about the wedding."

But he's also thinking about what to say to him if the courts don't rule and Indiana voters pass a proposed constitutional amendment banning their union.

"How hard would it be, and I don't think it's going to happen, but how hard would it be to explain to him in 2016 that the people of the state on if we are a true family or not?" he asked.

Indiana's Attorney General Greg Zoeller has said he's ready to defend the laws that Hoosier lawmakers have already passed against any court challenge.

He said both the statutory role of his office and his obligation to his client -- the State of Indiana -- dictates that he tells people up front that he'll defend all statutes, regardless of whether he agrees with them or not.

In Kentucky, Attorney General Jack Conway dropped out of the state's appeal. Governor Steve Beshear is hiring another lawyer to appeal a Federal Judge John Heyburn's ruling that the state must recognize same-sex unions performed in other states.

Copyright 2014 WAVE 3 News.  All rights reserved.