Hendricks County Flyer, Avon, IN

Commentary

December 17, 2012

Attorney General has a job to do

"Why does the Indiana Attorney General have to be involved in the definition-of-marriage cases before the U.S. Supreme Court?"

It's a fair question I have been asked since the Supreme Court announced Dec. 7 it would hear two marriage-definition cases, potentially setting the stage for a landmark ruling next June.

Simply put, my legal obligation as attorney for my client, the Indiana Legislature, is to defend state laws legislators have passed. Indiana has a statute defining marriage as between a man and a woman. If the Supreme Court were to strike down a similar California law, Proposition 8, as unconstitutional, then it would put Indiana's statute at risk.

Under our system of justice, both sides in a case must be zealously represented. Although Indiana is not a plaintiff or defendant in either of the cases the Supreme Court will hear, our state and other states have an undeniable interest in asserting each state's legal authority to define marriage as it sees fit within its borders. That's why my office, representing Indiana, jointly filed a friend-of-the-court brief, along with 14 other states, that urged the Supreme Court to keep the marriage-definition legal authority at the state level.

Filing such legal briefs, called amicus briefs, is how states present a united front in making their legal positions known to the Supreme Court when they are not directly litigating the case at hand. Drafting and joining amicus briefs in support of other states is a routine but essential duty of the Indiana Attorney General's Office, assigned to our Solicitor General and funded in advance through our existing budget at no additional expense to taxpayers.

In the two Supreme Court cases, we are not arguing to strike down the legal authority of other states to issue marriage licenses to same-sex partners, if those states so choose. Instead we defend the authority of each state to pass and enact its own traditional marriage-definition laws at the state level - either through its legislature or directly by voters if it has a referendum process.

As an officeholder who listens to constituents, I recognize that people on all sides of the marriage-definition debate hold strong, sincere views. Many Hoosiers favor keeping our state's current marriage definition and strengthening it by adding it to the Indiana Constitution; others oppose such an amendment but would keep the status quo; still others would favor changing the traditional marriage definition.

Someone has to draw the line somewhere, and that authority belongs to the people's elected representatives in the Legislature. Defining marriage as between one man and one woman is where Indiana's legislators have chosen to draw that line in statute.

Only the Supreme Court is able to speak with finality on the constitutionality of the significant issues raised; but both sides must be represented by legal advocates - and my clients in the Legislature have clearly chosen the side on which I will serve.

Defining marriage is an intrinsic function of state government that ought not be stripped from states as happened to California in one of the cases now being appealed. This is an important question of our time and therefore we asked the U.S. Supreme Court to exercise its role in our constitutional process to provide answers.

Representing Indiana's case is my responsibility as attorney general, an obligation that I will do to the best of my skill and ability.

- Greg Zoeller is attorney general of Indiana.

Text Only
Commentary
  • It’s a barnyard fashion show

    I’ve not kept it a secret that I find people who dress their dogs in clothes to be, to put it nicely, somewhat more than just eccentric. And many friendly, helpful readers out there have not kept it a secret that they really wish I would not express my views about dogs dressed as humans.

    May 17, 2013

  • Seizure of AP phone records an insult to independent press

    Distrust of government secrecy has been elevated to an exceptional level with the disclosure the Justice Department covertly examined two months of Associated Press phone records to determine who leaked details to the AP about a foiled terrorist plot.

    May 17, 2013

  • Food regulations of the future?

    The federal government recently announced new regulations for buying fast food.

    May 17, 2013

  • ‘Patriot’ games at the IRS

    It sounds like the plot from a dystopian libertarian novel. The word “patriot” and the phrase “educating on the Constitution and Bill of Rights” triggered heightened scrutiny from the most intrusive agency in the federal government.

    May 17, 2013

  • Is it squirrel season already?

    The action at the bird feeder has been spectacular lately: Cardinals, finches, songbirds in impressive variety crowding around all day long in search of sustenance. It is truly gratifying …

    For my neighbor.

    That’s what it’s like at his feeder.

    May 14, 2013

  • Letter to the Editor May 14, 2013

    On April 27, Dr. Jeff Butts demonstrated a rare form of servant leadership as he participated in the Go Love Indy westside service project.

    May 13, 2013

  • A majority leader in training

    Everyone presumes that Sen. Chuck Schumer, the media-hungry Democrat from New York, wants to be the next Senate majority leader. His performance in the negotiations over the Gang of Eight immigration plan should bolster his case for an eventual promotion.

    May 13, 2013

  • Statecraft as malpractice

    Someone had to take the fall for President Barack Obama thoughtlessly drawing a “red line” threatening serious consequences if Syria used chemical weapons. It turns out that it is the president himself.

    May 13, 2013

  • Tax cuts and an 8.7 percent jobless rate

    There were other issues that had potentially greater financial impact or will leave a more resolute imprint on people’s lives, such as Medicaid expansion and Common Core.

    May 13, 2013

  • The annual dandelion whine

    It happens every year at this time; I make a little dandelion whine. So here goes.

    May 10, 2013

Hendricks County Marquee
Email News Sign Up
Facebook
Twitter Updates
Follow us on twitter
Follow me on Twitter
Poll

Will you be attending this year's Indy 500?

Yes
No
Not sure
     View Results
AP Video
OKC Hospital Describes Treating Tornado Wounded Obama Pledges Urgent Aid for Tornado Victims Raw: Aerials Show Path of Oklahoma Destruction Raw: Widespread Destruction in Moore, Okla. Raw: Massive Funnel Clouds in Oklahoma Raw: Japan's WWII Atrocities Under Fire in Seoul Voters Could Elect LA's First Female Mayor Raw: Rescuers Pull Tornado Survivors to Safety Oklahoma Gov: 'Hearts Are Broken' After Tornado Raw: Walking in a Flattened Okla. Neighborhood Raw: Rescue Workers Search Oklahoma School Raw: Witness Describes Scene After Okla. Tornado Raw: Aftermath of Massive Tornado in Oklahoma Raw: House Burns After Massive Oklahoma Tornado Raw: Tornado on the Ground in Oklahoma Split-second Choice Ended With NY Student Dead White House Backs 'Shield Law' for Media Wave of Attacks Kills Scores in Iraq Pug Life on Display at Wisconsin Festival Company Promises to Make All Snail Mail Digital
Community Calendar
Loading…
Events by eviesays.com
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Must Read