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Judge: Indiana’s Parenthood Statutes Violate Constitutional Rights Of Same-Sex Couples

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Marilyn Odendahl for www.theindianalawyer.com

Indiana married same-sex couples have won the right to both be listed as parents on their children’s birth certificates.

The U.S. District Court for the Southern District of Indiana struck down the state’s parenthood statutes Thursday as violating the Equal Protection and Due Process clauses of the 14th Amendment in the consolidated lawsuit of Henderson, et al. v. Adams, et al., 1:15-cv-00220.

Judge Tanya Walton Pratt granted summary judgement for the lesbian couples who brought the suit. She wrote, “The public interest in serving the best interests of the child will not be harmed by injunctive relief but actually will be furthered by legally recognizing two parents for children and providing stability for children and families.”

The couples filed the suit because the state would only allow the birth mother to be listed on the certificate and did not include the second parent. They asserted the state parenthood statutes violated the 14th Amendment because they create a presumption of parenthood for men married to birth mothers but not for women married to birth mothers, thus stigmatize the children born to same-sex couples as children born out of wedlock.

In particular, the lesbian couples argued the state’s refusal to grant parenthood status to female spouses of artificially inseminated birth mothers while granting the status of parenthood to male spouses of artificially inseminated birth mothers violates the Equal Protection Clause.

In cases of heterosexual couples who become pregnant through the aid of the third-party sperm donor, the state will presume parenthood of the child to the husband. This same presumption is not afforded to the female, same-sex spouse of a birth mother who also becomes pregnant in the same manner.

The state countered the parenthood statutes are applied equally to all male and female spouses of birth mothers. A husband who is not the biological father of the child should not be listed on the birth certificate because the birth mother should acknowledge she is not married to the father of her child when she has been artificially inseminated. In such a case, the husband would have to adopt the child to be listed on the certificate and recognized.

Pratt found the state’s argument to be inconsistent with common sense.

“Common sense say that an artificially-inseminated woman married to a man who has joined in the decision for this method of conception and who intends to treat the child as his own, would indicate that she is married to the father of her child,” she wrote. “Why would she indicate otherwise?”

Indiana Attorney General Greg Zoeller released a statement Thursday saying his office is reviewing the ruling and has not yet determined whether it will appeal or seek a stay of the ruling.

County health department defendants were also dismissed from the lawsuit by Pratt Thursday, leaving the Indiana State Department of Health commisioner as the defendant.

Geary Predicts That Ellis “We’ll Have One Of The Best Meets Ever”

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HENDERSON, Ky. (May 31, 2016) — Ellis Park president Ron Geary, well-versed as a horse player and handicapper, is betting that this summer will be his best meet since buying the track nestled on the Ohio River in 2006.

In fact, by featuring enhanced purses for horsemen, restoration of a 2-year-old stakes and con- tinued player-focused emphasis, Geary expects the 30-date session that runs July 2-Sept. 5 to be the strongest in more than 20 years.

“We’ll have one of the best meets we’ve ever had,” Geary said. “We had almost 8.3 horses per race last year, and we think we’ll have an opportunity to improve on that this year. The momen- tum has been building for this for several months and now it’s looking like reality, which is ex- tremely exciting.”

Thanks to burgeoning business with its Instant Racing parimutuel games and a $1.35 million contribution by Kentucky Downs, Ellis Park’s races will offer purses averaging $210,000 a day for its 30-date summer meet, Geary said. That’s up from $155,000 a year ago at the 1 1/8-mile track nicknamed “the Pea Patch” because of its signature soybeans growing in the infield.

“I’m incredibly pumped about our upcoming meet – it will be outstanding,” said racing secretary Dan Bork. “I think we’ll have a great number of quality horses running here. More people are interested in running with us than ever before, and our jockey colony shapes up as its strongest ever. With Ellis becoming stronger in the summer, it also helps the whole circuit.”

Maiden races for Kentucky-bred horses (the majority of horses racing) will have pots of $38,000 – up $9,000 from last year, while allowance races will range from $39,000 to $42,000, including the supplements from the Kentucky Thoroughbred Development Fund for horses born and sired in the commonwealth.

“Those numbers are going to make me seriously consider whether it’s worth going to Saratoga or Del Mar,” said Louisville-based trainer Dale Romans, whose two-time Grade 1 winner Brody’s Cause first raced at Ellis Park. “I just hope more people don’t start staying behind and it gets tougher to break a maiden at Ellis. I mean, Brody did get beat at Ellis.

“A lot of horses get beat in 2-year-old races and go on to be top horses. It’s the time of year for 2-year-olds to get started, seems the most productive. And it’s a good safe racetrack to get started on. With this kind of money, I’ll definitely leave more horses in Kentucky this summer.”

Scott Blasi, chief assistant to newly-elected Hall of Fame trainer Steve Asmussen, said the en- hanced money makes Ellis an alternative starting point for quality horses.

“It will give you a good option for horses that aren’t quite ready to go to Saratoga yet, that are still here in the development stage,” Blasi said.

The stakes schedule is highlighted by the $100,000 Groupie Doll for fillies and mares at a mile. The Grade 3 stakes was renamed for the 2012-2013 Breeders’ Cup Filly & Mare Sprint and two- time Eclipse Award champion who raced three times at the track, including victory in the 2011 stakes and third in 2013 when it was known as the Gardenia.

Also on that Aug. 6 card is the return of the $75,000 Ellis Park Juvenile, giving Kentucky a much-needed 2-year-old stakes in the summer. The seven-furlong Juvenile promises to be well- populated, given the strength of Ellis’ maiden races, which last year launched Brody’s Cause (winner of Keeneland’s Grade 1 Breeders’ Futurity last fall and Blue Grass this spring), Grade 2 winners Venus Valentine and Dothraki Queen, Grade 3 winner Mo Tom and G2 Fair Grounds Oaks runner-up Dream Dance.

Ellis Park’s juvenile program also produced future Breeders’ Cup winners Cat Thief (Classic), Boston Harbor (Juvenile) and Caressing (Juvenile Fillies), older male champion Lawyer Ron and Grade 1 winners Noble’s Promise, Request for Parole, Turallure, Pure Fun, Pure Clan, Java’s War and Richter Scale.

“I’m thrilled,” said Kenny McPeek, trainer of Noble’s Promise, Java’s War and Pure Fun and whose five wins with 2-year-olds led the 2015 Ellis meet. “We’re going to point a bunch of young horses there. It’s right up our alley, and it gives us more motivation to keep these horses local.”

Said Ron Moquett: “Ellis has always been a pet meet of mine. We love Ellis. Now that they’ve got the money working the right direction, it’s enough to make our owners run more horses there. I’ll leave some good horses here to try to run. The Pea Patch just got very interesting.”

Instant Racing wagering at Ellis set a record each of the past three months, including April’s $7.17 million, according to Kentucky Horse Racing Commission statistics.

“The last couple of years now, we’ve started to have very significant growth, about 50 percent a year,” Geary said. “Every dollar that’s bet on Instant Racing, a portion goes to the purse fund. The parimutuel taxes on Instant Racing contribute to getting extra money to the Kentucky Thor- oughbred Development Fund. Between those, it’s really done well.”

As part of the tracks’ strengthening relationship, Kentucky Downs is marketing and distributing Ellis’ simulcast signal nationally. The all-grass track in Franklin, which pioneered parimutuel wa- gering on historical horse racing in the commonwealth, also is transferring $1.35 million to Ellis for purses to help build the circuit — an arrangement endorsed by the Kentucky division of the Horsemen’s Benevolent & Protective Association, the group representing the state’s owners and trainers. When Churchill Downs balked at any overlapping days between its September meet

and Kentucky Downs, Geary resolved the thorny situation by giving Sept. 3 — the Saturday be- fore Labor Day — to Kentucky Downs for its opener. Ellis’ closing weekend is Sept. 2, 4 and 5.

“We were trying to make it a win-win,” said Geary, whose minority partner in Ellis is Saratoga Harness Racing Inc. “And I think it did. I think it will work out really well and help the circuit be stronger during the summer and the fall.

“The last several years we’ve worked hard to get the track in the best shape. We put down 2,000 tons of sand and clay this year on top of what we did two years ago. And we’ve worked hard on getting our turf in top shape. The horsemen like that their horses leave here in great shape. We’ve had some outstanding horses going on to national accomplishments after starting right here at little Ellis Park.”

Ellis Park condition book: http://www.equibase.com/premium/eqbHorsemenAreaDownloadAc-

tion.cfm?sn=CB-ELP-20160702-20160731D

For more information, contact Ellis Park racing secretary Dan Bork at dan.bork@ellisparkrac- ing.com

Ellis Park’s 2016 summer meet at a glance

Location: 3300 US-41, Henderson KY.
Dates: July 2-Sept. 5 (30 days), Fridays through Sundays, plus Mondays July 4 and Sept. 5. No racing Saturday, Sept. 3.
Post time: 12:50 p.m. CT/1:50 p.m. ET.
General admission: free. Reserved seating in Sky Theatre and Clubhouse.
Parking: free; valet available
Multi-horse wager minimums: 10-cent superfecta; 50-cent trifecta, Pick 3, Pick 4, Pick 5; $1 exacta, Super High Five.
Stakes: July 9 – $50,000 Ellis Park Turf, fillies & mares 3yos & up, 1 1/16 miles (turf). July 16 – $50,000 Don Bernhardt Memorial, 3yo & up, 6 1/2 furlongs. Aug. 6 – $100,000 Groupie Doll (G3), fillies & mares 3yos & up, mile; $75,000 Ellis Park Juvenile, 2yos, 7 furlongs. Sept. 5 – $50,000 Cliff Guilliams Handicap, 3yo & up, 1 1/16 miles (turf).

JUDGE EXPANDS INVESTIGATION INTO HILLY CLINTON’S DEALINGS WITH FOUNDATION DONORS

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by  BRENDAN BORDELON for THE NATIONAL REVIEW

E-mails ordered released last Wednesday could contain evidence that Hillary Clinton kept a secret, off-the-books schedule of meetings with foreign foundation donors as Secretary of State. A Federal Judge on Wednesday ordered the State Department to produce the e-mail records of Hillary Clinton’s scheduler during her tenure as secretary of state, expanding an investigation being pursued by conservative nonprofit Citizens United into the overlap between Clinton’s official travel and her meetings with foreign Clinton Foundation donors.

Citizens United is slated to receive all e-mails sent to and from Lona Valmoro, Clinton’s State Department scheduler, in the two-week periods before each of 14 international trips Clinton took during her four years in office. David Bossie, president of Citizens United, hopes to confirm suspicions that Clinton maintained an off-the-books schedule, meeting with Clinton Foundation donors on the taxpayer’s dime. “Citizens United wants to know how many overseas dinners Secretary Clinton attended with Clinton Foundation donors that didn’t make it on her schedule,” he says.

Judge Rosemary Collyer, the federal judge presiding over a public-records case brought by Citizens United, was initially hesitant to allow the release of Valmoro’s e-mails, and asked the group to provide one example of an off-the-books meeting with Clinton Foundation donors. As part of a joint filing with the State Department on Monday, Citizens United presented the judge with several pieces of evidence suggesting Valmoro deliberately struck from the official schedule a December 6, 2012, dinner in Dublin, Ireland, with several Clinton Foundation and Clinton campaign donors, organized by Teneo co-founder Declan Kelly. Though Valmoro was made aware of the Dublin meeting through an earlier e-mail chain, neither Clinton’s archived daily calendar nor her detailed official schedule make any note of it.

Citizens United characterizes the State Department’s decision to go along with the filing as an acknowledgement that Clinton did, in fact, maintain a secret schedule. Collyer was apparently convinced, ordering the State Department on Wednesday to produce 500 pages of Valmoro’s e-mails by the end of August. An additional 500 pages will be released every four weeks from that date, until Citizens United obtains all messages relating to the 14 overseas trips specified.

The latest look into Clinton’s potential abuse of her government post to facilitate Clinton Foundation donations comes the same week as new revelations about her use of a private e-mail server. On Monday, Judicial Watch, another conservative nonprofit, published an additional 165 pages of e-mails from Clinton’s time as secretary of state. Those e-mails — which surfaced only after a court ordered them released — are all work-related in nature, undermining Clinton’s repeated claim that she turned over all work-related e-mails to the State Department after stepping down in 2013.

Jordan Makes Cut, Will Compete In Olympic Trials

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Former University of Southern Indiana Men’s Cross Country/Track & Field All-American Michael Jordan ’15 (Indianapolis, Indiana) has made the cut to compete in the U.S. Olympic Trials.

Jordan, who competes for the New Jersey-New York Track Club, will compete in the 3,000-meter steeplechase prelims July 4 in Eugene, Oregon, after posting a qualifying time of eight minutes, 35.47 seconds at the Hoka One One Middle Distance Classic last month in Eagle Rock, California.

A five-time All-American at USI, Jordan owns the top three times in school history in the steeplechase. He was the 2012 GLVC Cross Country Runner of the Year before earning U.S. Track & Field and Cross Country Coaches’ Association Midwest Region Outdoor Track Athlete of the Year honors in 2013.

The two-time steeplechase All-American finished third in the event at the 2013 NCAA Division II Outdoor Championships and sixth at the 2012 NCAA II Outdoor Championships. He posted a school-record time of 8:42.63 at the 2013 Payton Jordan Invitational.

Jordan will be the third former USI Men’s Cross Country/Track & Field All-American to compete at a U.S. Olympic Trials event in the last six months after Jesse Davis ’06 (Bloomington, Indiana) and Dustin Emerick ’12 (Elmwood, Illinois) competed in the U.S. Olympic Trials marathon in Los Angeles in February. Emerick finished 26th in the event, crossing the finish line in 2:22:18, while Davis was 70th with a time of 2:29:39.

The prelims of the men’s steeplechase are July 4 at 6:33 p.m. (CDT), while the finals are July 8 at 7:30 p.m. (CDT). In order to qualify for the 2016 Olympic Games, Jordan must finish in the top three at the Olympic Trials and have post an Olympic qualifying standard (8:30.00).

Jordan, who graduated from USI in 2015 with a bachelor’s degree in psychology, is one of 24 runners who will be competing in the steeplechase at the U.S. Olympic Trials.

GREGG STATEMENT ON COURT RULING ON HEA 1337  

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 INDIANAPOLIS – Democratic candidate for governor John Gregg issued the following statement in response to today’s court ruling on House Enrolled Act 1337:

“HEA 1337 was always more about Mike Pence’s personal ideology than science, medicine or common sense. State government should focus on growing the economy, raising wages, strengthening schools and fixing unsafe roads and bridges, not on private conversations between Hoosiers and their doctors. As someone who is personally pro-life, I believe this was an unnecessary, irresponsible, poorly thought-out law and am pleased it won’t be going into effect tomorrow.”

John Gregg has worked throughout the public and private sector. He served as President of Vincennes University, Speaker of the Indiana House of Representatives, worked for two Fortune 500 companies and is a practicing attorney today. Gregg holds an associate’s degree from Vincennes University, a bachelor’s degree from Indiana University, a master’s degree from Indiana State University and a law degree from Indiana University. He and his wife, Lisa, have three adult children and live in Sandborn in Knox County.

R. THUNDERBOLTS SIGN TWO MORE INDIANA HOMEGROWN STANDOUTS

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TWO MORE INDIANA BORN AND BRED ‘BOLTS BOUND FOR UPCOMING 2016-17 NA3HL SEASON

TEAM INDIANA TOP GOALTENDER AND SCORING, GRITTY FORWARD COMING TO TRI-STATE

JR. THUNDERBOLTS NEWEST NAMES IN THEIR LINEUP ARE LUKE FRY AND KYLE GREGORY

EVANSVILLE, IN— Continuing their mission statement of growing and promoting the great game of hockey in the State of Indiana, Indiana’s only elite junior hockey team, the Evansville Jr. ThunderBolts of the NA3HL have taken another step in that direction with their latest two player signings for the upcoming 2016-17 season.

On this date, Jr. ThunderBolts General Manager/Head Coach Mark Cody has announced that Team Indiana standouts, goaltender LUKE FRY and forward KYLE GREGORY have each signed tenders to join the Evansville club for the 2016-17 NA3HL campaign.

FRY, from the Columbus Icemen High School Team enjoyed a magnificent 2015-16 season as his club’s top goalkeeper. In 19-decisions between the pipes, he compiled a sterling record of 19(13-6-0) while carding a miserly, microscopic GAA of 1.91.

GM/Coach Cody has been casting his watchful eyes on FRY for the past two years both as a coach and a scout and files a glowing report on his Jr. ‘Bolts newest net-minder. “I have had my eye on Luke for the last two seasons. I have had the opportunity of coaching him and watching him perform. Most recently, I watched him in action at the Americas Showcase in Pittsburgh. In my mind, he was the best goaltender at the event and he will come to Evansville competing to play a lot of games for our team.”

As for the Jr. ThunderBolts latest new forward GREGORY, the South Stars High School star will arrive on the Evansville hockey scene at Swonder Ice Arena armed with an array of versatile talents certain to inject an exciting dimension into the hometown Jr. team’s offensive attack. In 2015-16, GREGORY averaged a prolific 1.5 points per game, collecting 42-points in 28-games on 19-goals, 23-assists. He also averaged nearly 4-PIM each game, amassing 106-PIM in those same 28-games.

Coach Cody provides a sneak peek preview of what the Tri-State will be treated to when GREGORY takes the ice for his ‘Bolts boys. “Kyle is a unique player who can put up plenty of points and does it with a lot of grit to his game. Kyle will not shy away from the rough part of the game and will score a lot of goals within 10-feet of the net. His energy will be contagious for the rest of the team.”

Today’s signings of goaltender LUKE FRY and forward KYLE GREGORY bring the total to five (5) players presently listed on the Jr. ThunderBolts roster for 2016-17 with four (4) of those Indiana homegrown products. In addition to Michigan-bred JEREMY ROSS, KORY KIFER and ANDREW WARE are Evansville locals.

Guy Earns Fourth Straight GLVC Scholar Athlete Award

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 University of Southern Indiana senior Johnnie Guy (Palmyra, Indiana) was named the Great Lakes Valley Conference Scholar Athlete of the Year for Men’s Track & Field in an announcement by the league office Thursday.

Guy is earning his fourth straight GLVC Scholar Athlete of the Year award after earning the honor in cross country in 2014, in track & field in 2015, and once again in cross country in 2015.

A three-time first-team Academic All-American, Guy completed his historic career at USI by racking up four All-America awards on the track this spring. He earned first-team All-America honors in the indoor 3,000 meters and 5,000 meters after finishing sixth and third, respectively, in the events at the NCAA Division II Indoor Championships in March.

Guy garnered first-team All-America honors in the outdoor 5,000 meters and 10,000 meters after finishing fifth and fourth, respectively, in the events at the NCAA II Outdoor Championships in May.

USI’s first-ever three-time Academic All-American, Guy concluded his career as the Screaming Eagles’ all-time leader with 16 athletic All-America honors. He won a total of 13 GLVC titles, including three cross country championships, five indoor titles, and five outdoor crowns.

The 2013 Midwest Region Cross Country Runner of the Year, Guy was named the 2015 and 2016 Midwest Region Outdoor Track Athlete of the Year. He finished his career at USI with 21 All-Midwest Region awards and 14 All-GLVC accolades and was USI’s Male Student-Athlete of the Year in 2013-14 and 2015-16.

Guy, who amassed a 3.65 grade point average in engineering, captured the national championship in the 10,000 meters as a sophomore in 2014 before finishing second in the indoor 5,000 meters as well as the 10,000 meters as a junior in 2015.

The seven-time Academic All-GLVC honoree also is USI’s first-ever four-time GLVC Scholar Athlete of the Year award winner. He is bringing home the third GLVC Scholar Athlete of the Year award for men’s track & field after capturing the fourth such honor for men’s cross country in the fall.

 

Adopt A Pet

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Roscoe is a 2-year-old male black & white American Staffordshire/hound mix. He was transferred in to VHS from Evansville Animal Care & Control. He’s currently healing from a non-chronic skin condition that makes him look a little rough, but it will heal up soon and is not contagious! His $100 adoption fee includes his neuter, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption information!

Governor Pence Spokeswoman Statement Following Court Ruling on HEA 1337

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Indianapolis – In response to the U.S. District Court’s preliminary injunction issued today prohibiting the state from enforcing certain provisions of House Enrolled Act (HEA) 1337, Kara Brooks, spokeswoman for Governor Mike Pence, issued the following statement:

“While disappointed in today’s ruling, Governor Pence remains steadfast in his support for the unborn, especially those with disabilities. The Governor will continue to stand for the sanctity of human life in all stages, for the compassionate and safe treatment of women faced with an enormously difficult decision, and for the rights of citizens to determine appropriate medical safety standards and procedures through their elected representatives. While the judicial process continues, the Governor remains focused on growing the already robust Hoosier economy and providing a world class education for all our children.”