ILNews

Hamilton County clerk voluntary dismissed from same-sex marriage appeal

Back to TopCommentsE-mailPrintBookmark and Share

One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.

On July 30, the 7th Circuit Court of Appeals granted a motion filed by Hamilton County Clerk Peggy Beaver asking for the voluntary dismissal of her appeal of a federal court’s decision which overturned Indiana’s marriage law. The appellate court has dismissed her as a defendant in Baskin et al. v Bogan et al., 14-2386, and Midori Fujii et al., v. Commissioner of the Indiana State Department of Revenue et al., 14-2387.  

Beaver’s motion, also filed July 30, states she has decided not to join the state’s same-sex marriage brief filed with the 7th Circuit and has no additional arguments to add to the appeal.

Calls to Beaver and her counsel, Darren Murphy, were not returned.

According to the motion, Lambda Legal, the organization which filed the Baskin lawsuit, and the American Civil Liberties Union of Indiana which is representing the plaintiffs in Fujii, did not object to the clerk’s voluntary dismissal.

Also, none of the appellants, including Indiana Solicitor General Thomas Fisher, objected.

The other county clerks who are defendants added their names to the state’s appeal brief that was filed July 15 with the 7th Circuit. On July 28, the appellate court directed the Hamilton County clerk’s attorney to notify the court as to whether Beaver would remain a litigant.

Indiana attorney general spokesman Bryan Corbin said the Boone and Allen county clerks and the state of Indiana remain appellants in the Baskin case.

“The appeal will continue regardless,” Corbin said. “The state’s attorney, not the clerk’s attorney, is responsible for defending the state statute, and the ultimate deposition of the case likely would be applicable to county clerks in all 92 counties.”

Beaver stated in her motion that she is aware of her duty to follow all other orders regarding same-sex marriage issued from either the 7th Circuit or the U.S. District Court for the Southern District of Indiana.

Henry Greene, a plaintiff in the Baskin lawsuit, was not surprised by Beaver’s decision. Before the challenge was filed, Greene and his partner applied for a marriage license in Hamilton County. They both met Beaver and from their conversation, Greene said he got the impression she supported the freedom to marry.  

“We’re happy,” Greene said. “We hope that it sends a message to the attorney general and others who continue to appeal that there are many people who are on our side and who understand.”


 

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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT