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ACLU asks fed attorney to recognize Indiana gay marriages

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Attorneys on Friday asked U.S. Attorney General Eric Holder to step in on behalf of hundreds of same-sex couples who were wed before a federal appeals court stayed an order striking down Indiana's gay marriage ban.

The letter by the American Civil Liberties Union of Indiana asks Holder to issue a statement that the federal government will recognize the marriages as he did in Utah and Michigan, which would make Indiana's couples eligible for federal benefits for married couples.

The ACLU's move comes the same week that Gov. Mike Pence's office said the state wouldn't recognize the same marriages.

Separately Friday, the 7th U.S Circuit Court of Appeals in Chicago combined Indiana and Wisconsin's gay marriage cases and set them on an expedited schedule.

The Indiana attorney general's office said in a statement issued Saturday that it filed a motion late Friday asking the entire 10-judge 7th Circuit Court of Appeals to hear Indiana's appeal of a judge's order that struck down the ban. Cases are ordinarily heard by a panel of three judges.

In Indiana, hundreds of couples were married from June 25, when a U.S. district court judge struck down the state's gay marriage ban, to June 27, when a federal appeals court stayed the decision.

Gov. Mike Pence's general counsel instructed state agencies on Monday not to recognize the marriages that were performed during that gap. The policy applies only to state agencies that report to Pence's office and would affect state services controlled by those agencies, such as food stamps or the ability to file jointly for state taxes.

Ken Falk, legal director of the ACLU of Indiana, said Friday that he believed the state's position was incorrect.

"These marriages were lawful and valid when they were entered into and we do not believe that they can be retroactively voided," Falk said in the letter, which was mailed to the attorney general's office on Friday.

Pence's office did not return phone calls and emails from The Associated Press seeking comment.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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