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Indiana attorney general appeals marriage ruling

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The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.

Chief Judge for the U.S. District Court for the Southern District of Indiana Richard Young issued a ruling that Indiana’s law prohibiting marriage violated the due process and equal protection clauses of the 14th Amendment. Shortly after the decision was rendered, Attorney General Greg Zoeller indicated his office would appeal.

Late Wednesday, the attorney general’s office announced it had filed an emergency motion for stay in the U.S. District Court pending appeal. The motion asked Young to postpone the implementation of his order.

“The motion for stay is intended to prevent confusion and inconsistency between county clerk’s offices regarding license issuance, while the appeal is pending,” said Bryan Corbin, spokesman for the AG’s office.

The U.S. District Court has not ruled yet on the state’s motion to stay.

In addition, the AG’s office, along with Boone and Hamilton county clerks, filed a notice of appeal formally notifying the U.S. District Court that the defendants will appeal Young’s order to the U.S. 7th Circuit Court of Appeals.

Once Young issued his ruling, county clerk’s offices around the state began fielding requests from same-sex couples for marriage licenses. Some clerk’s issued the licenses but others did not, saying they were awaiting guidance from the attorney general.

According to Corbin, the AG’s office advised the five county clerks named in lawsuits (Hamilton, Allen, Boone, Porter and Lake) that they must comply with the U.S. District Court’s ruling or they would be subject to contempt of court.

“Other county clerks in the remaining counties are not under direct jurisdiction of the order,” Corbin said, “but as an officer of the court, the Attorney General’s Office must encourage everyone to show respect for the judge and the orders that are issued.”

As of 6 p.m., the Marion County Clerk’s Office had processed almost 90 marriage license applications and conducted 63 wedding ceremonies. The office extended its hours June 25 to 8 p.m.




 

 

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  • Another Wrong Use of State Resources
    Another wrong use of State resources is the Clerk's office staying open until 8:00 pm, when it usually closes at 4:30! Employee overtime, building security, etc. Cha-ching!
  • Wrong Use of State Resources
    It is truly unfortunate that the Attorney General of Indiana is using state resources to appeal this ruling. It certainly looks like the AG is using state resources in pursuit of a political objective. Wrong use of state resources.

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    1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

    2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

    3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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