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Hamilton County clerk voluntary dismissed from same-sex marriage appeal

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One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.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


 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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