THURSDAY, JULY 10, 2014
IDS
Get off the treadmill, and see the sights on a new running route in Bloomington. See Weekend’s suggestions, page 6
INDIANA DAILY STUDENT | IDSNEWS.COM
No Hoosier should be treated as a second-class citizen. Indiana Democrat Party Chair John Zody
It was like we had a sigh of relief, then a slap in the face. Newlywed IU student Alex Anderson
They have no right to deny us our name change. We have a legal marriage. Newlywed Timothy Brown
The stay essentially says we’re back to where we were on June 24. Director of Student Legal Services Randall Frykberg
It is our position that all marriages entered into in Indiana after Judge Young's decision and before the stay late in the afternoon on Friday, June 27, are valid. American Civil Liberties Union in a special notice
Pence tells state agencies to ignore gay marriages BY SARAH ZINN sjzinn@indiana.edu @sarah_zinn
Couples who were married during the brief window gay marriage was legal in Indiana wasted no time rushing to courthouses in their hometowns. They understood those three days in June were anomalies, born of an unexpected federal ruling that garnered immediate opposition. Governor Mike Pence’s office said the state would not recognize these marriages Wednesday. With the majority of the state’s leaders in opposition of the ruling, the immediate future of these married couples remained uncertain until Pence decided that the state should ignore their marriages. Pence himself had yet to formally announce this information
as of press time, but is communicating through his office. The state will recognize the outof-state marriage of Amy Sandler and Nikole Quasney of Munster, Ind., in line with the original appellate court order. Those in favor of gay marriage have expressed their disappointment with the governor’s decision. “Governor Pence is embarrassing our state by ignoring these families, creating an unwelcoming environment for those who want to call Indiana home,” Indiana Democrat Party Chair John Zody said in a press release. “No Hoosier should be treated as a secondclass citizen.” Although the governor isn’t a judicial authority, IUPUI Professor of Law David Orentlicher said, the governor’s decision will affect the marriages in question. The governor’s decision is an
interpretation of state law that will bar couples who were married before the stay from being viewed as a legally married, he said. “Some questions about gay marriage are governed by state law, and some are governed by federal law,” IUPUI Professor of Law David Orentlicher said. “Ordinarily matters of family are regulated by the state.” However, Orentlicher said the marriages are valid by federal law. “If you want to assert your rights as a married couple under state law, you’d have to go to court,” he said. Although the state is not required to view the couples’ marriages as legal, companies could theoretically choose to recognize the marriages in question and give them due benefits, Orentlicher said.
Social Security Administration holds gay couple’s name change BY BRIAN SEYMOUR briseymo@indiana.edu @briseymo
With a marriage license, Timothy and Tracy Brown-Salsman’s relationship of 23 years would finally be recognized in the state they call home. They couldn’t wait to celebrate on the stoop of their home in downtown Loogootee, Ind., formerly the Kennedy Grocery Store, where Robert Kennedy once stood on his campaign trail in 1968. More importantly, they said, they could finally merge and share their last names. But right now, Timothy and Tracy Brown-Salsman are still legally known as a Timothy Brown and Tracy Salsman. The couple made Indiana history after becoming the first and only same-sex couple to be issued a marriage license in Martin County June 26. But they’re still struggling with getting their last names changed at the Social Security office. Their marriage license was filed just one day after a federal judge ruled the state’s ban on gay marriage ban was unconstitutional. This means that while their marriage certificate is valid, their marriage license has fallen into a legal
gray area. The United States Court of Appeals for the Seventh Circuit granted the request of Attorney General Greg Zoeller for a stay on the ruling striking down Indiana’s gay marriage ban June 27, leaving the couples who got married in the three-day period in a limbo-state. After the stay, Timothy and Tracy attempted to change their names on their social security cards and licenses but to no avail. “Every time we went into the Social Security Administration building, the higher-ups would tell the people behind the desk to put us in a hold folder until further notice,” said Timothy, a coating specialist for a machine shop that provides support to the military, firefighters and manufacturers. To the couple, this was grounds for gender discrimination. “I guess between the two of us, there are too many penises to get a name change,” Timothy said. Both SSA offices they went to, including one in Bloomington, gave them the same response; the SSA is a federal institution that operates according to state laws. But to the couple, their marriage is legal and they should be issued the name change.
“They have no right to deny us our name change,” Timothy said. “We have a legal marriage.” They had all the necessary criteria for a name change issuance from the SSA: a completed application, their old social security cards and their marriage certificate. The issue stems from the stay granted by the Seventh Circuit Court, which has left unclear to some parties what is being addressed. The couple and the American Civil Liberties Union of Indiana say the stay only affects those not given marriage licenses in the short-lived period when the state’s gay marriage ban was unconstitutional. “It is our position that all marriages entered into in Indiana after Judge Young’s decision and before the stay late in the afternoon on Friday, June 27, are valid,” the ACLU said in a special notice regarding the stay. “However, that is our position only and may not be shared by the government or private entities that are being asked to recognize the marriages.” The couple believes the stay only affects licensure, not marriage. Timothy said same-sex couples have been led to believe they SEE NAME CHANGE, PAGE 3
COURTESY PHOTO
33-year-old Michael Staley, left, bikes with IU student Wes Bates, right. Staley and Bates are riding across the country to raise awareness for DMD.
Biker pair travels coast-to-coast for DMD awareness BY SAM BEISHUIZEN sbeishui@indiana.edu
When sophomore Cutters rider Wes Bates found a post in Facebook group asking if anyone was interested in riding a bicycle across the country, his interest was immediately peaked. “I was like, ‘Hell yeah,’ I want to do this,” Bates said. “So I started figuring out how to sign up.” The cross-country riding invitation was posted by Michael Staley, 33, who was taking a break from his job as chief of staff for Rep. Spencer Bachus, R-Ala. 6th District, to ride 3,360 miles to help raise awareness of Duchenne muscular dystrophy. The cause hit home for Bates, who had recently lost a friend who had passed away from DMD. “At first, I didn’t even know we would be raising money,” Bates said. “Then I found out he was raising money for Duchenne which was really crazy, because we had a family friend pass away from Duchenne this past December. So, it was really crazy how that kind of came together.” Together, the cycling team Ride4Gabe partnered with the nonprofit organization Hope For Gabe formed to help 9-year-old Gabe Griffin, who has the genetic disease. DMD causes a gradual degeneration of muscles that will begin to shut down the heart and respiratory system. It predominantly occurs in boys and will oftentimes lead to early death, with the life expectancy of those with DMD ranging from late teens to early 40s and 50s. Bates and Staley have been joined by a caravan of people, including Gabe’s father Scott Griffin, in raising money and spreading the word about DMD. The group has already raised $40,000 while also generating attention for a potentially lifesaving drug called eteplirsen that has not yet been approved by the Food and Drug Administration. The experimental drug, Bates explained, cannot reverse the effects of DMD but is believed to be able to stop the progression of the disease. Bates and the Hope For Gabe team believe the drug could greatly improve the quality of life for people like Gabe. “Right now Gabe can walk, but in the next year or two he might be in a wheelchair,” Bates said. “If he’s in a wheelchair, he’ll never get out of there. If we can get him this drug now then potentially he can keep walking.” Bates is currently in the midst
of the second week of the 3,360 mile trip. The riders began the marathon ride with the back tires of the bikes touching the Pacific Ocean’s water in Oregon and are scheduled to finish Aug. 14, in Mobile, Ala. The cyclists are averaging about 90 miles a day, riding six days a week and resting on the seventh day. The planned route takes the team mostly along flat highways, starting the ride at 7 a.m. and ending around 4 p.m., depending on how the riders are feeling on a given day. Bates trains competitively as a member of the Cutters Little 500 team and is used to the physical strains of cycling, but he said the endurance of a cross-country trip forces him to pace himself more conservatively. “It’s a different style of riding,” he said. “You need to really pace yourself and make sure you have it in you to go five, six days at a time. It’s a different riding style, but you still need to be in shape either way.” Bates said it isn’t the physical riding that is the most strenuous part of the journey — it’s fending off boredom. During eight hour stints, Bates spends his time listening to music and talking with the members of the Hope For Gabe Team to pass the time. His biggest motivation has been remembering the inspiration for the ride — Gabe. “We think about the boys like Gabe that can’t ride a bicycle and we’re just very thankful we’re able to do this,” Bates said. “That’s what keeps us going is knowing this is nothing compared to what these boys are going through.” The group will post updates on its Hope for Gabe Inc. Facebook page during the ride. Bates’ daily route is available for tracking through ride4gabe.com and opportunities to donate to the organization are available through hopeforgabe.org. The team still has many miles left in the cross-country journey and Bates knows there are long days ahead of him — they are currently near Moran, Wyo. — but he wouldn’t want it any other way. “Seeing people stop alongside the road and seeing how much support you get on Facebook or social media all makes it worth it,” Bates said. “There’s been a lot of really great people we’ve met, and it’s been a really rewarding experience. I’m excited to keep going and keep spreading the word for our organization.”