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Some Indiana clerks refuse to issue same-sex marriage licenses

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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.”





 




 

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  • 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.

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      1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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      3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

      4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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