Indiana Code

Ind. Code § 31-11-1-1 (2026)

Same sex marriages prohibited

✓ current as of May 2026
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     Sec. 1. (a) Only a female may marry a male. Only a male may marry a female.

     (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.

[Pre-1997 Recodification Citation: 31-7-1-2.]

As added by P.L.1-1997, SEC.3. Amended by P.L.198-1997, SEC.1.

 

Notes of Decisions
Cited in 21 cases, 1977–2017 · leading case: Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005).
Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005). · cites it 58× “The lead opinion correctly concludes that I.C. § 31-11-1-1 clears the low bar of constitutionality set by Collins v.”
Baskin v. Bogan, 12 F. Supp. 3d 1144 (S.D. Ind. 2014). · cites it 40× “Having found that Indiana Code § 31-11-1-1 and the laws in place enforcing *1165 such violate the Plaintiffs’ rights under the Due Process Clause and the Equal Protection Clause, Defendants and their officers, agents, servants, employees and attorneys, and those acting in…”
Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). · cites it 2× “5/212; Ind. Code § 31-11-1-1 ; Kan. Const. Art. 15, § 16; Kan.”
Mariga v. Flint, 822 N.E.2d 620 (Ind. Ct. App. 2005). · cites it 4× “Since the consolidated causes in this appeal were fully briefed, this court determined that Indiana's Defense of Marriage Act, ("DOMA"), Indiana Code § 31-11-1-1, expressly limiting marriage to opposite-sex couples, is not violative of Indiana's Constitution.”
In Re the Marriage of Melanie Davis & Angela Summers, 1 N.E.3d 184 (Ind. Ct. App. 2013). · cites it 13× “Indiana Code 31-11-1-1 states: Same sex marriages are prohibited.”
Love v. Pence, 47 F. Supp. 3d 805 (S.D. Ind. 2014). · cites it 10× “The memorandum further states that “Indiana Code § 31-11-1-1 is in full force and effect and executive branch agencies are to execute their functions as though the U.”
Baskin v. Bogan, 983 F. Supp. 2d 1021 (S.D. Ind. 2014). · cites it 3× “Niki and Amy joined the other Plaintiffs to this lawsuit to present a facial challenge to Indiana Code 31-11-1-1, titled “Same sex marriages prohibited” and states: (a) Only a female may marry a male.”
Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “5/201, 5/212; Ind. Code § 31-11-1-1 ; Iowa Code § 595.2 ; Me.”
Massachusetts v. United States Dep't of Health & Human Servs., 682 F.3d 1 (1st Cir. 2012). “1265) (West) (codified at Ind.Code § 31-11-1-1). .U.S. Census Bureau, Census Bureau Releases Estimates of Same-Sex Married Couples (Sept.”
Bowling v. Pence, 39 F. Supp. 3d 1025 (S.D. Ind. 2014). · cites it 4× “On July 7, 2014, the Governor sent a memo stating that “Indiana Code § 31-11-1-1 is in full force and effect and executive branch agencies are to execute their functions as though the U.”
Conaway v. Deane, 932 A.2d 571 (Md. 2007). “5/201, 5/212; Ind.Code § 31-11-1-1; Iowa Code § 595.2 ; Me.”
Andersen v. King Cnty., 138 P.3d 963 (Wash. 2006). “5/201 (Thomson/West 2004) Indiana: Ind.Code Ann. § 31-11-1-1 (2005) Iowa: Iowa Code Ann.”
— Ind. Code § 31-11-1-1(a) — 1 case
Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005). “The lead opinion correctly concludes that I.C. § 31-11-1-1 clears the low bar of constitutionality set by Collins v.”
— Ind. Code § 31-11-1-1(b) — 2 cases
Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005). “The lead opinion correctly concludes that I.C. § 31-11-1-1 clears the low bar of constitutionality set by Collins v.”
In Re the Marriage of Melanie Davis & Angela Summers, 1 N.E.3d 184 (Ind. Ct. App. 2013). “Indiana Code 31-11-1-1 states: Same sex marriages are prohibited.”
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