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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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