AG offers county clerks guidance on same-sex marriage questions

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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.  



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.