Indiana chimes into the gay marriage debate...

Indiana's marital law still supported

So, gay marriage is constitutional in MA, but not in IN???

I suppose if we were just speaking of state constitutions, this might be a matter of state's rights. states have the right to define marriage however they should so choose.

But IN might lose its appellate court battle on its ban of gay marriages if the court should consider the MA ruling persuasive.

The issue I see looming is one that will ultimately have to be resolved as a federal constitutional matter: whether one state can ban the formation of a legal relationship while another state permits the formation of that legal relationship.

but the supreme court hates to interject itself in the state's rights issues...especially Scalia.

The problem arises if the legal relationship is formed and recognized under MA law... what happens if the married couple should move to IN? will they still be entitled to recognition of the marriage? will they still be entitled to the spousal benefits that are otherwise provided as an operation of state law?

thorny issues indeed...