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Same-sex couples ask Social Security Administration to recognize their Indiana marriage

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A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.

The two couples –  Alice Hoenigman and Brittany Jones and Kendrel Cooper and Justin Bretz – were among the many who married in late June after Indiana’s marriage statute was ruled unconstitutional. The marriages stopped when the 7th Circuit Court of Appeals issued a stay.

Since then, both Hoenigman and Cooper filed papers in Marion County to change their last names to that of their respective spouses. However, both were told their requests were being put into a holding file until the state received guidance from the Social Security Administration.

In a letter, their attorney, Richard Mann, charged the refusal to allow Hoenigman and Cooper to take the surnames of their spouses interferes with their right to identify with their spouse.   

“Our clients’ marriages are worthy of federal recognition and they should not be forced to incur the cost and time in filing separate civil actions in order to effectuate their name change as it unjustly labels their marriage as second-tier,” Mann wrote. “Their spouses’ surnames can be derived from those names shown on their marriage certificates and like any opposite-sex marriage certificate should be considered acceptable evidence of their new name.”

The letter stated the Social Security Administration has a duty to process the name change of same-sex couples who were married in Indiana before the stay was issued. Mann asked, on behalf of his clients, that the administration issue a statement that it will recognize marriage records of same-sex couples from Indiana as well as other states.

Dated July 25, 2014, the letter was addressed to Carolyn Colvin, acting commissioner of the Social Security Administration, Marcia Mosely, regional commissioner for the Chicago Region of the Social Security Administration and the Indianapolis field office of the Social Security Administration.

Indianapolis-based Mann is the lead attorney in Bowling et al. v. Pence et al., 1:14-cv-0405, the same-sex marriage case that is still pending in the U.S. District Court for the Southern District of Indiana.      
 

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  • Same issue today
    I had the same issue occur today at my local social security office. They said they had no direction on this and it would be placed in a hold file. I don't know what steps to take at this point. My partner and I were legally married prior to the stay going into effect. Was there any resolution on this matter?

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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