ILNews

AG offers county clerks guidance on same-sex marriage questions

Back to TopCommentsE-mailPrintBookmark and Share

Indiana Attorney General Greg Zoeller’s office issued a memo to county clerks July 1 attempting to clear the confusion lingering from the several days when same-sex marriage was legal in Indiana.

Careful to qualify its memo as “guidance” rather than “private legal advice,” the attorney general again reiterated that the validity of the same-sex marriages solemnized between June 25 and 27 remains undetermined and likely an issue a court will have to decide.

However, the attorney general did recommend that clerks and judges no longer marry any gay or lesbian couples until a conclusive ruling is issued on the appeal. For marriage licenses which were obtained during the two-day window but not returned until after the 7th Circuit Court of Appeals granted the stay, clerks should respect the Circuit Court order and no longer process or record the solemnized same-sex marriage certificates.

In addition, the attorney general said clerks and judges who perform a same-sex marriage ceremony while the stay is in place could face charges for a Class C infraction or a Class B misdemeanor. Penalties are a fine up to $500 for the former offense and up to 80 days in jail plus a possible fine up to $1,000 for the latter offense.

The attorney general’s office is also recommending county clerks consult with their county attorneys, said Bryan Corbin, spokesman for the Indiana attorney general. The guidance, Corbin continued, is not an “official legal opinion of the Attorney General’s Office” but is intended to assist clerks as they navigate unfamiliar legal terrain.

County clerks across Indiana fielded many requests for marriage licenses from same-sex couples after a federal judge ruled Indiana’s marriage law violated the U.S. Constitution. Richard Young, chief judge with the U.S. District Court for the Southern District of Indiana, issued his decision June 25.

The attorney general immediately filed a motion to stay the injunction pending appeal, but when District Court did not rule, the state filed another motion to stay with the 7th Circuit Court of Appeals on June 27. The Circuit Court granted the motion two hours later.

On June 30, attorneys representing Niki Quasney and Amy Sandler filed an emergency motion with the 7th Circuit to lift the stay in part. The northern Indiana couple who is struggling with the terminal illness of Quasney had their motion for relief which required the state recognize their marriage granted in May.

Attorneys from Lambda Legal who represent the couple as part of Baskin v. Bogan, argue the emergency motion should be granted because Quasney may not live to see the conclusion of the state’s appeal.

The Indiana attorney general met the 7th Circuit’s deadline of noon July 1 to file its response to Lambda Legal’s motion. The state advocated for the stay to include Quasney and Sandler because the law provided no hardship exceptions.  


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

ADVERTISEMENT