Marriage equality supporters from Indiana and Wisconsin gathered at Federal Plaza Aug. 25 for a late-afternoon rally in anticipation of a major hearing on marriage equality before the 7th Circuit Court of Appeals the following day.
The court hearing addresses marriage bans in both states since Indiana and Wisconsin both fall under the 7th Circuit Court's purview. In each state, hundreds of gay residents were married after their state's bans were overturned in June. Lawyers for Lambda Legal and ACLU will take up arguments on behalf of couples looking to either have the chance to marry, or have their marriages performed elsewhere recognized.
Local supporters of marriage equality joined the downtown gathering as well, among them state Rep. Greg Harris who introduced the event. He discussed the significance of having marriage equality available to residents of neighboring states: "Even Illinois families, who have equal rights under our laws, lose those rights when we cross state lines."
After an opening prayer by Rev. Melody Merida of Life Journey Church in Indianapolis, a number of plaintiffs from Indiana spoke, among them Rae Baskin of Whitestown, who said that among the reasons she and her partner, Esther Fuller, were largely motivated to participate in the suits because of concerns over Fuller's health.
Fuller had become ill on previous occasions, and Baskin said that they were lucky to have dealt with hospital staff who respected them as a couple, and, as best they could, afforded Baskin all the rights that a legally married spouse would have. But without the legal protections that come from marriage, there was no guarantee that that would always be the case, Baskin said.
"Indiana needs to respect all people who choose to join together in marriage," she added. "We need it and we need it now."
Lyn Judkins of Chesterton, another co-plaintiff, who was there along with her wife, Bonnie Everly, said she "was excited to be part of such a momentous day" and was grateful to Lambda Legal, which has been handling their case. "We want to do anything we can to help them help us."
Everly added she could even sense something distinct in the air, travelling from their home state, where their marriage is not recognized, to Illinois, where it was. "You can tell the difference between 'legal' and 'illegal.'"
Henry Greene and Glenn Funkhouser of Carmel said that they signed onto the suit in order to secure their rights pertaining to their adopted son, Casey.
"This whole thing is about our family," said Greene. "It's all about making sure our family is given the respect, protections and dignity that other Hoosier families have."
He added that he welcomed the opportunity to present to the court stories about the problems same-sex parents have in trying to raise their family in a state that doesn't recognize their relationship.
"We're thrilled to have the opportunity for people to see who these laws hurt, and get it into the public eye," he said.
"I think the 'public eye' has passed that point," Funkhouser added.
Greene agreed. "Right. It's the law that needs to catch up with the public."
Terre Haute residents Nikki and Donnica Barrett attended the rally because they were among those who were hastily married in late June, after the district court judge's decision briefly opened up a window of opportunity for Indiana couples.
"I heard through Facebook that the decision might be issued," said Donnica. "I texted [Nikki] to get off of work and go down to the courthouse. We waited there for two hours." The Barretts were the first same-sex couple to be married in their county.
This was actually the fourth rally of the day for many of the Indiana residents; similar events had been held in Indianapolis, Lafayette and Munster. Scott Spy of AVER (American Veterans for Equal Rights) Indy had been to all four.
"The plaintiffs have great things to say," said Spy. "Anyone who listens to them speak, and doesn't think that they should be allowed to get married, just isn't listening."
Wisconsin plaintiffs had stories similar to those from Indiana. Like Greene and Funkhouser, Bill Hurtubise and Dean Palmer of Racine said they were most interested in securing the rights of their three children.
"One of the biggest challenges was doing our adoptions," Hurtubise said. "That was such a complex discussion to have. We definitely have to fix that."
Speaking in front of the rally, Hurtubise fought back tears as he described his hopes for his family.
"I never thought I'd be standing here today, asking for the right to marrybecause I never believed it would be an option. … The love we share for these children is beyond words," he said.
Charvonne Kemp of Milwaukee attending with her partner Marie Carlson and their son Christopher, added, "We want to be married for the same reasons most couples doneither of us can imagine life without the other."
Molly Collins, associate director of ACLU Wisconsin, said officials at her organization and the plaintiffs were hopeful going into the hearing: "Our decision in the district court was a good one. I hope that these judges will be looking at that."
She added that polls are showing that over half of Wisconsinites approve of gay marriage.
"I work at the ACLU and I receive a lot of hate mail, and I haven't received any hate mail on this," Collins said.
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