LOUISVILLE — Four same-sex couples from Southern Indiana are suing the state of Indiana in federal court to allow them to legally marry or to have their marriages recognized.
Louisville law firm Clay Daniel Walton & Adams announced the lawsuit today at its offices. The lawsuit will be filed in the Southern District of Indiana, which has a courthouse in New Albany. The couples are from Clark and Floyd counties.
The law firm is representing four couples in a similar case in Kentucky. In that case, a federal judge ruled last month that the state must recognize legal marriages from other states. Gov. Steve Beshear says he will appeal the ruling, after Kentucky Attorney General Jack Conway declined to.
By law, Indiana does not recognize marriages of same-sex couples. Also, an amended bill passed this week by the Indiana Senate — which differs from federal law — would continue to allow the state to not recognize same-sex marriages for tax purposes.
This means that same-sex couples with legal marriages in other states must file state taxes separately, even if federal taxes are filed jointly.
Without the changes to the bill, Indiana could have adopted a new Internal Revenue Service policy giving same-sex marriages equal privileges in tax filings.
Supporters say the change was necessary to match Indiana’s ban on gay marriage, while opponents say it’s another instance of discrimination against same-sex couples by the Legislature.
The House has already passed the broader tax bill. Because it was amended in the Senate, it will now go to a conference committee.
A push by some legislators to get Indiana’s gay marriage ban put to a referrendum where voters could choose to add it to the state’s constitution has stalled this year.
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