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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

ADVERTISEMENT