National census questionnaires in 2000 offered the first opportunity for gay and lesbian couples to have their family relationships acknowledged. The newly edited census form asked the sex and relationship of a respondent to the "main householder." According to GayDemographics.org, more than 10,000 same-sex Hoosier couples identified themselves as unmarried partners. Monroe County led the state in unmarried partners as a percentage of total population.

Yet despite this statistical recognition of diversity in family life, same-sex couples are still denied the right to marry in Indiana. The Indiana Marriage Protection Act defines marriage as a union of one man and one woman only, and also prohibits recognition of same-sex civil unions granted outside Indiana. Authored by State Rep. Woody Burton (R-Greenwood), the Act's passage in 1997, along with similar laws in other states, reaffirmed the federal Defense of Marriage Act (DOMA) passed in 1996.

Despite the U.S. Constitution's "Full Faith and Credit Clause" requiring states to recognize legal licenses granted in other states, DOMA amended the federal judicial code to provide that no state would be required to recognize same-sex marriages from other jurisdictions. DOMA was sponsored by U.S. Rep. Bob Barr (R-Ga.), out of concern that Hawaii would legalize marriage between persons of the same sex. It did not, although Vermont ultimately did.

Now, Indiana Attorney General Steve Carter has asked Marion Superior Court Judge S. K. Reid to dismiss a lawsuit filed by three same-sex Hoosier couples who want the state to recognize their Vermont civil unions.

The Indiana Civil Liberties Union filed the suit in August on behalf of one male couple and two female couples, asserting that Indiana's law banning same-sex marriage violates the state constitution's guarantee of equal privileges for all citizens.

In a brief filed Jan. 3 by special counsel Thomas Fisher, the attorney general's office defended the ban on same-sex marriage as constitutional because the state has a compelling interest in promoting traditional marriages and procreation, as well as a "sound political ordering." Fisher wrote that state and federal courts have long recognized the importance of the family to an open society, and that striking down the same-sex prohibition could undermine the legislature's ability to prohibit other forms of marriage, such as polygamy.

There are many good reasons to get married if you want to and can. Spouses can make medical decisions for each other, claim family and medical leave and Social Security death benefits, as well as enjoy lower rates for insurance and credit. Simultaneous joint adoption of children is possible. Property is automatically inherited. But to not be able to marry creates special obligations for same-sex Hoosier couples seeking to protect their rights under the law.

What is the state's compelling interest in legislating such cruel prejudice? None, of course. The courts have already ruled that there can be no legitimate reason to discriminate based on sexual orientation. Yet the Indiana Marriage Protection Act has done precisely that: created a special class of people - men and women who want to marry partners of the same sex - and denied them rights other citizens take for granted. That is an intolerable interference in the private lives of thousands of Hoosier couples who already live together as families, raising children and paying taxes.

The Attorney General's defense is based on a fictitious definition of marriage and denies the reality of family life in Indiana. After all, no legal barriers are raised to heterosexual couples who marry without plans to procreate. Opposing marriage between any two adults who have made a lifetime commitment to each other undermines, rather than protects, the valuable diversity of an open society.

The Marriage Protection Act is an embarrassment to Indiana and must be struck down as unconstitutional. To voice your opinion, contact the Attorney General's office, 317-232-6201, and the ICLU, 317-635-4059.

Elsa F. Kramer is a freelance writer and editor based in Indianapolis.