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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 Richard Young, U.S. District Court for the Southern District of Indiana, 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 office 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.”


 


 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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