Love v. Pence

ENTRY ON DEFENDANT’S MOTION TO DISMISS

RICHARD L. YOUNG, Chief Judge.

Michael Richard Pence, in his capacity as Governor of the State of Indiana, moves to dismiss the Plaintiffs’ Complaint for lack of subject matter jurisdiction. For the reasons set forth below, the court GRANTS the motion.

I. Background

On March 7, 2014, Plaintiffs filed their Complaint challenging Indiana Code § 31-11-1-1, entitled “Same sex marriages prohibited,” otherwise known as Indiana’s Defense of Marriage Act. In pertinent part, the challenged statute provides:(a) Only a female may marry a male. Only a male may marry a…