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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One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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