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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. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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