TIME States

12 Reasons Not to #BoycottIndiana

Covered bridge
Getty Images I mean, look at that covered bridge.

Josh Sanburn is a Nation writer for TIME covering crime, demographics and society.

There's more to the state than one terrible law

Indiana has elicited some serious hate thanks to the so-called religious freedom bill signed into law by Republican Gov. Mike Pence that allows businesses to deny service to same-sex couples. The hashtag #boycottindiana has been making the rounds on Twitter and been promoted by the likes of Star Trek’s George Takei, who asked his 1.6 million followers to boycott the heart of the Midwest.

On behalf of my home state, I would like to offer a defense. Not of the religious freedom bill, which I would never defend. But of the state itself, one with fine folks, fine sporting traditions and, well, a delicious pork tenderloin.

  1. Indiana is basketball’s beating heart. Basketball is everywhere. The red barns with battered hoops. The city playgrounds with rims so overused its nets have long since parted. If it wasn’t for actual religion, the sport would be the state’s true faith. Indiana is home to two of the historically great basketball programs: 5-time national champions Indiana University (Let’s overlook the last decade or so. Please.); and perennial underdog Butler, which made it to back-to-back national championship games in 2010 and 2011. Butler also plays in historic Hinkle Fieldhouse, the site of one of the great underdog stories in all of sports: the 1954 Milan team, a tiny school that won the state championship in Hinkle and inspired the movie Hoosiers.
  2. Corn. Listen: There’s a lot of it, and it’s delicious.
  3. The breaded pork tenderloin sandwich. It’s perhaps the only true fare that Indiana can claim. You take a pork tenderloin, you smash until it’s practically paper thin, and then you fry it up. Also, delicious.
  4. Hoosier Hospitality. Knock on anyone’s door and it’s mandated by law that they give you shelter for the night. People in Indiana are that nice. Try it. Tell them Josh sent you.
  5. Gary. Wait, no, not Gary. Sorry. Moving on.
  6. The Jackson 5. Their formative years were spent in the state before making it big and before Michael Jackson completely transformed pop music. Come to think of it, they’re from Gary.
  7. Gary. Sorry, no. Still not Gary.
  8. The Greatest Spectacle in Racing. The Indianapolis 500 is still one of the most incredible sporting events to see live. The 2.5-mile track is like the Grand Canyon of sports. Although I still don’t understand why the winner drinks milk at the end. Which reminds me:
  9. Rolling farmland. Parts of the state (particularly southern Indiana where I’m from, but I’m biased) are truly beautiful with gently rolling hills, wooden barns and silos in the distance. The appeal is in the subtlety.
  10. Johnny Appleseed. Are you eating an apple right now? Thank Johnny Appleseed, who spent much of his time in the state. He probably planted the tree that grew that apple. Or at least that’s what Mrs. Newman in fourth grade told me.
  11. Lincoln’s Boyhood Home. Our greatest president spent his youth in southern Indiana and thank God, because then we would’ve only been able to claim Benjamin Harrison and his grandfather, who was president for a month before he died of pneumonia. Just grab a coat, William Henry!
  12. It’s not Kentucky. Because, seriously, who would want to be from that state?

MORE: Indiana Governor Defends Signing of Religious-Objections Bill

 

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TIME Religion

3 Other Christian Denominations That Allow Gay Marriage

The Presbyterian Church (USA) formally recognized same-sex marriages Tuesday

On Tuesday the Presbyterian Church (USA) voted to redefine marriage as “a commitment between two people, traditionally a man and a woman,” formally allowing same-sex marriages within the church. The vote to modify the church constitution follows last year’s recommendation from the church’s General Assembly.

Here’s are other major churches in the U.S. that allow same-sex marriage:

The Evangelical Lutheran Church of America allows same-sex couples to get married, but leaves it up to individual ministers of congregations to decide, according to a 2009 resolution. “There is nothing that prescribes who a congregation pastor can marry or not marry, so long as it is consistent with state law,” ELCA Secretary David Swartling said in 2012.

The Episcopal Church established a rite of blessing for same-sex couples in 2012 and prohibited discrimination against transgender people. It has welcomed gay people since 1976, when its General Convention decided that “homosexual persons are children of God who have a full and equal claim with all other persons upon the love, acceptance, and pastoral concern and care of the Church.” Technically it has no official policy sanctioning same-sex marriage, but it will take up the issue in June.

The United Church of Christ has allowed same-sex couples to get married since 2005. At the 25th General Synod of the United Church of Christ in Atlanta, it “affirm[ed] equal marriage rights for couples regardless of gender and declares that the government should not interfere with couples regardless of gender who choose to marry and share fully and equally in the rights, responsibilities and commitment of legally recognized marriage.” It was the first major Protestant denomination to do so.

TIME faith

Presbyterian Church Votes to Recognize Same-Sex Marriage

The church redefines marriage to include "a commitment between two people"

Correction appended, March 18

The Presbyterian Church (USA) made a historic decision Tuesday night to formally recognize gay marriage and allow same-sex couples to marry in its congregations.

The largest Presbyterian denomination in the U.S. voted to redefine the church constitution on marriage to include “a commitment between two people, traditionally a man and a woman,” the New York Times reports.

The vote, which was approved by a majority of the church’s 171 regional bodies (or presbyteries), cements a recommendation made last year by its General Assembly. As of Tuesday night, the vote stood at 87 presbyteries in favor to 41 against with one tied.

“Finally, the church in its constitutional documents fully recognizes that the love of gays and lesbian couples is worth celebrating in the faith community,” Rev. Brian D. Ellison, executive director of the Covenant Network of Presbyterians, which advocates for the inclusion of gay people in the church, told the Times.

There is a provision that states no clergy would be compelled to preside over a same-sex marriage.

The denomination has some 1.8 million members and about 10,000 congregations.

[NYT]

Correction: The original version of this story incorrectly described the Presbyterian Church (USA). It is the largest Presbyterian denomination in the U.S.

TIME LGBT

TV Chef Guy Fieri Officiates at 101 Gay Weddings in Florida

Fellow chef Art Smith began planning the mass wedding after Florida lifted its ban on same-sex marriage

The host of Food Network’s Diners, Drive-Ins and Dives Guy Fieri officiated at a mass wedding ceremony in Miami, Florida on Saturday for 101 same-sex couples.

Celebrity chef and Florida native Art Smith, who has cooked for Oprah Winfrey and former governor Bob Graham, organized the giant wedding on Miami Beach, writes the Associated Press. He summoned some of the country’s top chefs, who were in town for the South Beach Wine and Food Festival, to help out.

Smith started planning the event in January, when he heard Florida had lifted a ban on same-sex marriage. He went to Twitter using the hashtag #101gayweddings and invited the first 101 couples to take part in the free wedding.

Smith explains the ‘101 Gay Weddings’ event was inspired by the movie 101 Dalmatians and is a dig at Florida Attorney General Pam Bondi, who has fought against lifting the ban on same-sex marriage.

“We have our own Cruella De Vil, Pam Bondi. She was determined that she was going to prevent equality from coming to Florida,” he said.

After the couples walked down the aisle they were treated to a delectable wedding feast and a seven-tier cake made by Ace of Cakes star Duff Goldman.

[AP]

TIME LGBT

Gay Couple Becomes First to Wed in Texas

Marriage Equality
Eric Gay—AP A man wearing a rainbow-colored tie and Equality Texas flag rallies on the steps of the Texas Capitol to call for more equality for same-sex couples on Feb. 17, 2015, in Austin, Texas.

"We'll be making history"

Two women were legally married in Austin, Texas Thursday morning, becoming the first gay couple to wed in the state.

Sarah Goodfriend and Suzanne Bryant, who have been together almost 31 years, said their vows outside the Travis County Clerk’s Office, the Austin Statesman reports. The couple said they had been denied a marriage license there eight years ago. Their wedding comes just two days after a Texas judge ruled the state’s gay marriage ban unconstitutional.

“It’s very exciting,” Bryant said before her wedding. “My little one was worried about missing her history class. I said we’ll be making history.”

[Austin Statesman]

TIME Courts

Texas Judge Says State’s Gay-Marriage Ban Is Unconstitutional

But they won't start issuing marriage licenses yet

A Texas judge ruled Tuesday that the state’s ban on same-sex marriage is unconstitutional, in just the latest of numerous rulings striking down bans across the country.

Travis County Probate Judge Guy Herman made the ruling as part of an estate dispute, in which a woman sought to have her eight-year relationship with her late partner accepted as common-law marriage, the Austin Statesman reports.

But the ruling doesn’t necessarily mean the county will begin issuing marriage licenses to same-sex couples. Travis County Clerk Dana DeBeauvoir said she couldn’t begin issuing the licenses right away. “I am scrambling, trying to find out if there is anything I can do,” she said. “Right now, I think it’s no, but we are checking.”

The U.S. Supreme Court is expected to rule on same-sex marriage nationally later this year.

TIME Civil Rights

How Marriage Equality in Alabama Is Not Like the Civil Rights Movement

Alabama's governor George Wallace (L) fa
OFF / AFP/Getty Images Alabama's governor George Wallace (L) faces General Henry Graham, in Tuscaloosa, on June 12, 1963, at the University of Alabama

"The fundamental difference is that accepting gays and lesbians and their rights is not nearly as painful," says one historian of the Civil Rights era

Here’s an SAT-level analogy question: Is Chief Justice Roy Moore of the Alabama Supreme Court to the marriage equality movement what Alabama Governor George Wallace was to the Civil Rights Movement in the 1960s?

The comparison is an easy one to make, and numerous outlets drew the connection on Monday, in the aftermath of Moore’s attempt to halt same-sex marriages in his state. Facing integration of the University of Alabama in 1963, which had been mandated years earlier by Brown v. Board of Education, Wallace tried to block the change and was met by National Guard troops. This week, Moore defied a federal District Court ruling by ordering local probate judges not to license same-sex marriages, a bold challenge to the established principle of federal supremacy over state courts. In short, both Wallace and Moore relied on states’ rights claims to defy the federal government’s demand for social change.

Still, while some may see Moore’s last stand as a symbolic stand like Wallace’s, historians say the difference in context suggests that Moore is more likely to disappear with a whimper than a bang. Wallace was a martyr for a population heavily invested in the status quo. Moore is a martyr for a population resigned to change.

“Wallace was riding the segregation wave at its height,” says Dan Carter, author of George Wallace biography The Politics of Rage. “The fundamental difference is that accepting gays and lesbians and their rights is not nearly as painful. I think the gay issue, even in the deep South, in the most conservative areas, it’s kind of a resigned acceptance.”

An analysis of demographic and voting data by the New York Times suggests that two-thirds of state residents are likely opposed to the unions. But opposition today is not nearly as strong as white southerners’ opposition to civil rights for black Americans was in 1963, Carter says, pointing to Southern newspaper coverage. In the 1960s, few Alabama newspapers would dare publish anything sympathetic to civil rights, according to Carter. On Monday, when same-sex marriages began, the state’s largest newspaper said it was an “extraordinary day.”

And, though a conflict between the state and federal governments persists — probate judges in some Alabama counties aren’t issuing marriage licenses to same-sex couples, citing Moore’s guidance — it remains unclear how the federal government will respond. At this point, it seems unlikely that such a response would mirror what happened in the 1960s.

“Bobby Kennedy was willing to bring in federal marshals, willing to nationalize the National Guard in states,” says University of Alabama history professor Glenn Feldman, referring to the then-Attorney General’s response to Wallace in the 1960s. “I’m not sure if the federal government today has the political backbone or will to make people respect it.”

Whether or not the White House ultimately cracks down on wayward Alabama judges, it’s hard to imagine that the situation would escalate as it did in 1963, when President John F. Kennedy sent in the National Guard to force integration. That’s because, in all likelihood, such measures would probably be unnecessary. Some of the judges under Moore’s purview ignored his order, and others said they’re waiting for clarification. Furthermore, Moore only has authority over the state’s judicial employees, not the state troopers and others whom Wallace used to fight integration.

Today, conservative Alabama Governor Robert Bentley seems sympathetic to Moore and hasn’t tried to restrict him. (He’s said he doesn’t want to “further complicate this issue.”) But he also seems likely to comply with the Supreme Court’s ruling. “The issue of same sex marriage will be finally decided by the U.S. Supreme Court later this year,” he said in a statement. “I have great respect for the legal process, and the protections that the law provides for our people.”

For his part, President Obama — who has addressed the comparison to Wallace — also seems to believe that the courts can take care of this issue on their own, without the kind of intervention that was necessitated five decades ago. “I think that the courts at the federal level will have something to say to him,” he told BuzzFeed News about Roy Moore this week.

So, the states’-rights justifications for Wallace and Moore may be the same, but historical distinctions mean the resolution to Moore’s defiance is likely to be far less dramatic than Wallace’s was.

There is one more difference between them, however, and it suggests that such a resolution may not be the end of Moore’s story: Moore may not be ready to give up, even when moving on makes political sense. Wallace’s opposition to integration was driven by a political desire to win over his constituents, Feldman and Carter note, so he changed his views when it was no longer advantageous for him to oppose civil rights. Looking at Moore, however, they see someone whose deeply-held religious beliefs may lead him to push his authority further, even as the opinions of those around him evolve.

“He actually believes this stuff,” says Feldman. “He actually believes in his heart of hearts that the federal government is not a position to tell states what to do.”

TIME Laws

Alabama’s ‘Ten Commandments Judge’ Defies the Feds Over Gay Marriage

Roy Moore
Rogelio V. Solis—AP Chief Justice Roy Moore of the Alabama Supreme Court addresses a Pro-Life Mississippi and a Pastors for Life pastors luncheon in Jackson, Miss., Friday, Jan. 17, 2014. Moore told the attendees that he cannot separate his faith from his job as chief justice and continues to oppose abortion and same-sex marriage.

Roy Moore has a history of defying federal orders

On Sunday, Alabama Supreme Court Chief Justice Roy Moore told the state’s probate judges not to issue marriage licenses to gay couples, an order defying a ruling last month by a federal judge that the state’s ban on same-sex marriage was unconstitutional.

A state judge refusing to follow federal orders is rare. But for Moore, it would’ve been more unusual if he went along with the decision quietly.

Judge Moore is often known as the “Ten Commandments Judge.” When Moore, a devout Christian who often relies on Biblical scripture in his rulings, began his judicial career as an Alabama circuit court judge in the 1990s, he placed a Ten Commandments tablet he had carved himself behind his courtroom bench and began instituting prayer before jury selection.

Soon enough, the American Civil Liberties Union sued Moore for violating the Constitution’s Establishment Clause in the First Amendment. In 1996, a Montgomery County circuit judge ruled that prayer in the courtroom was unconstitutional and later ordered that the Ten Commandments display either be removed or placed alongside secular documents like the Bill of Rights and the Constitution. To that, Moore responded: “I will not surround the Ten Commandments with other items to secularize them. That’s putting man above God.”

But Moore eventually won out. In 1998, the Alabama Supreme Court dismissed the lawsuits, and the commandments stayed. And Moore’s popularity, thanks to his conservative defiance, skyrocketed. Two years later, he was elected chief justice of the Alabama Supreme Court.

In 2001, Moore again made national news when he issued an opinion in the case D.H. vs. H.H., a custody battle between a lesbian and her ex-husband who she said was abusive. In his concurring opinion, Judge Moore ruled for the ex-husband, saying that the woman’s sexual orientation was grounds enough to prevent her from taking custody of the children.

A year later, Moore resurrected the Ten Commandments debate when he had a 5,200-lb. granite Ten Commandments monument commissioned and placed inside the Alabama State Judicial Building. Two lawsuits were filed, and by August 2003, a federal judge ordered the monument removed. Again, Moore refused, forcing his fellow justices to remove it instead and sparking thousands of protesters to rally in support of Moore outside the state judicial building. But they weren’t able to save his job. Later that year, a state judicial panel removed Moore from his post as chief justice.

In the years following, Moore unsuccessfully ran for Alabama governor twice and in 2012 was re-elected chief justice of Alabama’s Supreme Court. “I have no doubt this is a vindication,” Moore said after his election. “Go home with the knowledge that we are going to stand for the acknowledgment of God.”

Moore’s latest tenure has been relatively quiet until this week. His latest attempts to ignore federal orders and block the state from handing out marriage licenses to gay couples, while extraordinary for other justices, is natural for a judge with a history of judicial defiance. But this time, Moore appears to be experiencing the kind of resistance he’s sown for years.

On Monday, the U.S. Supreme Court announced that it would allow same-sex marriages to move forward, and most judges appeared to be following suit — defying a state judge who has made judicial disobedience his defining characteristic.

 

TIME Courts

Gay Marriage Begins in Alabama Despite Top Judge’s Order

State Supreme Court Chief Justice Roy S. Moore had told local judges not to issue licenses

Local officials in Alabama began issuing marriage licenses for same-sex couples Monday, after the state’s top judge set up a high-stakes legal showdown with a federal court when he ordered local judges not to comply with a ruling legalizing gay marriage in the state.

“Effective immediately, no Probate Judge of the State of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent with [state law],”Alabama Supreme Court Chief Justice Roy S. Moore said in an order. He explained his move as “necessary for the orderly administration of justice within the state.”

The U.S. Supreme Court denied the state’s request to stop same-sex marriages in Alabama on Monday morning, and there were scattered reports of judges issuing marriage licenses to same-sex couples as expected. A United States district court ruled last month that Alabama must issue same-sex marriage licenses starting Monday. Moore issued his order when the U.S. Supreme Court declined to intervene.

MORE: Gay Marriage and the Law of the Land

Moore wrote that his order protects both the U.S. and Alabama constitutions. But the move, a dramatic challenge to the authority of the federal judiciary, drew quick condemnation in legal circles. Federal courts supersede state courts and Moore lacks the authority to disregard a federal court decision, they said.

His move also drew comparison the state’s attempts to avoid implementing federal court decisions during the civil rights era. Then-Gov. George Wallace made a similar states’ rights argument when he famously tried to block the implementation of a federal order to integrate the University of Alabama in 1963.

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