The U.S. Supreme Court Monday denied requests to hear five same sex marriage cases, including Indiana’s, allowing lower court rulings on the issue to stand. That means same sex marriage is once again legal in the Hoosier State.
The Seventh Circuit Court of Appeals’ ruling striking down Indiana’s gay marriage ban is therefore in effect; the federal court will issue an official order soon.
Attorney General Greg Zoeller says county clerks will then be required to issue marriage licenses to same sex couples.
ACLU-Indiana legal director Ken Falk preaches patience to same sex couples who want to hurry out to their clerk’s office right away.
“It will undoubtedly take a few days for this to percolate through to the clerks and I would not anticipate clerks in all counties reacting immediately,” says Falk.
Indiana Family Institute public policy director Ryan McCann says the Supreme Court’s decision not to issue a broad ruling for the whole country leaves other cases in the federal court system in limbo. He says he hopes until a more definitive resolution is reached, licenses aren’t issued to Hoosier same sex couples.
“I would advise our elected officials to continue to recognize the definition of marriage as between a man and a woman and to continue to do all they can to protect our laws,” says McCann.
Some county clerks have begun issuing licenses; others are waiting on further guidance from the state.
In Allen County, Clerk LisbethBorgmann says her office has received guidance from Attorney General Greg Zoeller saying clerks should wait for the official word from the 7th Circuit before issuing licenses. She says that could come as soon as Monday afternoon.
Borgmann says while the Allen County Clerk's office will be ready to issue licenses when the court issues its mandate, she doesn't expect long lines right away. She says many of the same sex couples interested in getting married already did so when the ban was first struck down this summer.
Virginia Alvino and Sean Bueter contributed additional reporting to this story.