ILNews

Some Indiana clerks refuse to issue same-sex marriage licenses

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge’s ruling declaring Indiana’s ban on same-sex marriage unconstitutional doesn’t trump a clerk’s religious convictions in one county. Elsewhere, county clerks are being instructed that it’s up to them whether they issue licenses to gay couples.

“Personally for me, I feel like our country was founded on the biblical principle of marriage between one man and one woman and I’m going to stand on that principle until I’m ordered otherwise,” Daviess County Clerk Sherri Healy said Thursday morning.  

Healy said at least a half-dozen people in same-sex relationships had called the courthouse in Washington inquiring about obtaining a license.

Young’s order Wednesday enjoined clerks in counties named in four lawsuits – Boone, Hamilton, Lake and Porter – from enforcing Indiana’s statute barring same-sex marriage.

It also forbid enforcement of laws that criminalize same-sex couples who fill out marriage license applications where spaces provide only for male and female applicants.

Before filing a motion to stay Young’s ruling late Wednesday, Indiana Attorney General Greg Zoeller’s office provided a letter of guidance to county clerks that said clerks in the named counties would be subject to contempt of court if they failed to issue licenses.

“Other county clerks are not under the direct jurisdiction of the court order but as an officer of the court, we me must encourage everyone to show respect for the judge and the orders that are issued,” the AG’s office advised.

Healy said the letter revealed a “gray area” that didn’t require issuance of licenses.

Daviess Circuit Judge Gregory Smith said he respected Healy’s decision, and that a letter from Zoeller “was really of no benefit.”

Clerks in counties such as Elkhart, Knox and Tippecanoe initially delayed issuing licenses after Young’s ruling Wednesday, but reported Thursday that they had begun to do so after receiving the AG’s letter.

Daviess County in southwestern Indiana isn’t alone in opting to continue to deny licenses for same-sex couples.

Cass County Clerk Beth Liming said despite several calls to the courthouse in Logansport, she opted not to issue licenses after consulting with county attorney John Hillis.

“I think we’re being advised by our county attorneys what to do, and that’s what we’re being told,” Liming said.

Hillis said Thursday, “If the clerk does not issue a marriage license, that's not a violation of Indiana law,” except in the four counties named in Young’s order.

Hillis said Zoeller’s request that other clerks around that state respect Young’s order was “pretty subjective,” and left the decision on whether to issue licenses up to each clerk.

“I don’t think it’s mandatory” that clerks grant licenses to same-sex couples under Young’s ruling, Hillis said. On the other hand, if Liming chose to issue licenses, Hillis said, “I think that’s fine. … She has a right to do that.

“Is that disrespectful of a judge? I don’t think so,” he said.

In issuing guidance to clerks, Zoeller’s office said it was doing so “to avoid the chaos that has ensued in other states when rulings such as today’s have been issued.”

Asked whether any additional direction may be coming from the AG’s office, spokesman Bryan Corbin said in an email, “We will notify county clerks (and the news media) when we are notified of any ruling from the U.S. District Court on the State’s motion for stay.”





 




 

ADVERTISEMENT

  • name calling
    Smith, you thought provoker, complacency shaker, wabble wouser. Not wishing you a happy fourth, Mr Blackstone. Or is it More?
  • Christus Regnat
    Maybe it is time for conservatives to pack it in and realize that the Framers themselves were in several obvious cases irreligious, in other instances simply ardent capitalists; and the union between secularism and greed that marked the birth of the Union, and the materialism that in one guise or another, has haunted it ever since, dooms the liberal experiment to failure, if we take the Platonic view of the role of the State. Of course, I doubt the Framers took the Platonic view, or they wouldn't have initiate the war of independence in the first place. Maybe it's time for American conservatives to just get up and repudiate the whole US Constitution and say it was a big mistake and we should have stayed under the Crown. Of course England is no better than we are now but maybe history would have turned out differently if the wild eyed revolutionary advocates of extreme anti-social individualism like Thomas Paine had not won out. Just speculating here. Cue the chorus of denunciations: "bigot, hater, Neanderthal, theocrat, etc."
  • Ideologies in conflict
    John Adams was concerned that our system of goverment could fail under present circumstances ... as it is about to do when the State orders these clerks to violate their consciences or be terminated: " Because we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."
    • BRAVO
      Hold the line clerks. Hold the line.

      Post a comment to this story

      COMMENTS POLICY
      We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
       
      You are legally responsible for what you post and your anonymity is not guaranteed.
       
      Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
       
      No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
       
      We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
       

      Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

      Sponsored by

      facebook - twitter on Facebook & Twitter

      Indiana State Bar Association

      Indianapolis Bar Association

      Evansville Bar Association

      Allen County Bar Association

      Indiana Lawyer on Facebook

      facebook
      ADVERTISEMENT
      Subscribe to Indiana Lawyer
      1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

      2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

      3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

      4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

      5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

      ADVERTISEMENT