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Zoeller: State’s lawyer has duty to represent state in marriage suit

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By Greg Zoeller

Recent federal court actions that first struck down Indiana’s statute limiting marriage to the traditional definition, and then stayed that order pending appeal, have left many in our state in legal limbo. As the attorney who represents state government and defends its laws, I know this difficult case stirs many people’s deeply held beliefs that touch their lives in very personal ways. Not since my office had to represent the state in lawsuits arising from the State Fair disaster has a dispute been so seemingly impossible to address in a way that the public would accept as being fair to all concerned.

Not to have requested a stay in Indiana’s same-sex marriage cases would have been a dereliction of duty to my state client given that the United States Supreme Court granted an identical stay Jan. 6 after Utah’s traditional marriage law was invalidated. The Supreme Court stayed implementation of a lower court’s order until it could consider cases working their way through the federal appeals pipeline. Other federal courts around the nation have uniformly followed that precedent of issuing stay orders in same-sex marriage lawsuits to avoid chaos at local courthouses.

In 2013, the Supreme Court declined to decide the question of state-level marriage statutes because the state of California and its attorney general did not defend California’s law. Instead, the court threw the question back to states, prompting more litigation that could last yet another year. Failing to defend Indiana’s law from this challenge is not an option available to me or the attorney general’s office. Though I don’t make state laws, I take seriously my obligation to defend the statutes the Legislature passes from challenges plaintiffs’ lawyers file, both in trial court and on appeal. We can’t abandon our state clients or fail to defend the statute, duties that some editorials have not grasped.

I respect opinions of constituents who disagree. From reading news accounts and social media, it is clear some view me as being on the “wrong side of history” or even bigoted, homophobic or uncaring. None of that is accurate, but being an elected official means being subjected to criticism that sometimes can be intense, accurate or not. The women and men who serve in the attorney general’s office and who have a duty to represent our state in court – whether the state prevails – are simply fulfilling their obligations as public servants.

As officers of the court, all lawyers must try to maintain the public’s respect for judges and the courts’ decisions. Attorneys on both sides of these cases are fulfilling oaths to represent opposing positions in court to the best of our ability. Our adversarial system of justice ensures both sides of a controversy are fully aired and that a decision is not made until both sides have had the opportunity to advocate their viewpoints zealously.

Regardless of how the U.S. Supreme Court eventually decides, I ask everyone to respect the judges, the decisions they render and the attorneys advocating for all parties involved. While courts do their work, Hoosiers on all sides of this contentious issue ought to show civility and respect toward each other and toward the judicial process.•

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Greg Zoeller is attorney general of Indiana. The opinions expressed are those of the author.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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