Supreme Court Action Lifts Indiana’s Same-Sex Marriage Ban
Today, the United States Supreme Court opted not to review all five same-sex marriage rulings, including one from the state of Indiana, by federal circuit courts.
“The Supreme Court’s action this morning means that it will not hear the cases, the Circuit court decisions are affirmed, the stays will be lifted in those cases,” wrote James D. Esseks, director of the American Civil Liberties Union Lesbian Gay Bisexual Transgender and AIDS Project, wrote this afternoon. “Marriages will go forward immediately in Virginia, Wisconsin, Indiana, Oklahoma, and Utah.”
In June, U.S. District Judge Richard Young ruled that Indiana’s ban on same-sex marriages was unconstitutional. Within hours of the ruling, same-sex couples all over the state applied for marriage licenses.
Almost as quickly, the state appealed to U.S. 7th Circuit Court of Appeals in Chicago, and a stay on the ruling was granted, and Governor Mike Pence’s council issued a memo instructing government agencies to act as if Young’s ruling had never been issued.
In August, Young again ruled against Indiana’s ban on same-sex marriage with his ruling on Bowling v. Pence, and called the governor’s actions “troubling.” Again, the state appealed the ruling, and many same-sex couples were left in a marital limbo.
“Our nation and all sides involved needed a conclusive Supreme Court ruling to bring finality to the legal question of state authority to adhere to the traditional definition of marriage. Although it is unfortunate the Court did not accept the question and has again left states stuck in the limbo of uncertainty, ultimately the U.S. Supreme Court will have the final word on the subject of state authority to regulate marriage,” wrote Indiana Attorney General Greg Zoeller in a press release. “Strong opinions exist on all sides of this issue but we continue to urge Hoosiers to show respect for the Court, the attorneys, the county clerks and the rule of law while this complicated process plays out.”
Since the Supreme Court denied requests to review the same-sex marriage issue such unions are now legal in Indiana and other states with similar legislation. There are no other courts for the state to appeal to.
“Defending Indiana’s statute at trial and on appeal was our duty as attorney for our state government and was necessary. Our legal system is based on the bedrock principle that both sides in a dispute will be zealously represented by counsel who will advocate for their clients so that the courts can weigh the arguments and decide,” Zoeller stated. “Our constitutional process for testing the validity of statutes worked as intended, and Indiana’s legal defense has been conducted with civility and respect for all sides and within existing resources.”
The Indiana Attorney General is communicating with all 92 county clerk offices in the state to avoid confusion. In Kosciusko County, the county clerk is waiting for a mandate from the state.
“Once we have received that mandate, marriage licenses will start being issued immediately,” said Ann Torpy, Kosciusko County court clerk.
