Indiana attorney general appeals marriage ruling

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The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.

Chief Judge for the U.S. District Court for the Southern District of Indiana Richard Young issued a ruling that Indiana’s law prohibiting marriage violated the due process and equal protection clauses of the 14th Amendment. Shortly after the decision was rendered, Attorney General Greg Zoeller indicated his office would appeal.

Late Wednesday, the attorney general’s office announced it had filed an emergency motion for stay in the U.S. District Court pending appeal. The motion asked Young to postpone the implementation of his order.

“The motion for stay is intended to prevent confusion and inconsistency between county clerk’s offices regarding license issuance, while the appeal is pending,” said Bryan Corbin, spokesman for the AG’s office.

The U.S. District Court has not ruled yet on the state’s motion to stay.

In addition, the AG’s office, along with Boone and Hamilton county clerks, filed a notice of appeal formally notifying the U.S. District Court that the defendants will appeal Young’s order to the U.S. 7th Circuit Court of Appeals.

Once Young issued his ruling, county clerk’s offices around the state began fielding requests from same-sex couples for marriage licenses. Some clerk’s issued the licenses but others did not, saying they were awaiting guidance from the attorney general.

According to Corbin, the AG’s office advised the five county clerks named in lawsuits (Hamilton, Allen, Boone, Porter and Lake) that they must comply with the U.S. District Court’s ruling or they would be subject to contempt of court.

“Other county clerks in the remaining counties are not under direct jurisdiction of the order,” Corbin said, “but as an officer of the court, the Attorney General’s Office must encourage everyone to show respect for the judge and the orders that are issued.”

As of 6 p.m., the Marion County Clerk’s Office had processed almost 90 marriage license applications and conducted 63 wedding ceremonies. The office extended its hours June 25 to 8 p.m.




  • Another Wrong Use of State Resources
    Another wrong use of State resources is the Clerk's office staying open until 8:00 pm, when it usually closes at 4:30! Employee overtime, building security, etc. Cha-ching!
  • Wrong Use of State Resources
    It is truly unfortunate that the Attorney General of Indiana is using state resources to appeal this ruling. It certainly looks like the AG is using state resources in pursuit of a political objective. Wrong use of state resources.

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    1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

    2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

    3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

    4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

    5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon