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Attorney general issues statement on same-sex marriage licenses


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Here is the statement from Attorney General Greg Zoeller regarding a federal judge's ruling to overturn the ban on same-sex marriage in Indiana:

Late Wednesday, the Attorney General’s Office, the Boone County Clerk and the Hamilton County Clerk, on behalf of the State of Indiana and its statute, filed an emergency motion for stay in U.S. District Court, pending appeal.  The motion asks Chief Judge Richard L. Young to stay, or postpone implementation of, his permanent injunction order finding the marriage definition statute unconstitutional.  The motion for stay is intended to prevent confusion and inconsistency between county clerk’s offices regarding license issuance, while the appeal is pending.  The U.S. District Court has not yet ruled.

Also late Wednesday, the AG’s Office and Boone and Hamilton clerks filed a notice of appeal in U.S. District Court, formally notifying the Court that the defendants will appeal Wednesday’s permanent injunction to the U.S. 7th Circuit Court of Appeals.

Earlier on Wednesday, the Attorney General’s Office sent a communication to the county clerk’s offices in all 92 Indiana counties, providing guidance on the Court’s ruling. It noted that those county clerks named in the lawsuit (Hamilton, Allen, Boone, Porter and Lake) in the cases ruled upon Wednesday must comply with the Court’s ruling or they would be subject to contempt of court.  Other county clerks in other counties are not under the direct jurisdiction of the U.S. District Court order, but as an officer of the court, the Attorney General’s Office must encourage everyone to show respect for the judge and the orders that are issued.

In seeking a stay pending appeal, the Attorney General’s Office as State’s lawyer will notify the county clerks if the stay is granted and its scope.

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