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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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  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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