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Judge restores part of Indiana gay marriage lawsuit he previously dismissed due to Pence memos


INDIANA — A federal judge has reinstated four same-sex couples' claim that Indiana's refusal to recognize out-of-state gay marriages is unconstitutional.

Judge Richard Young said in a ruling Tuesday that he reinstated the lawsuit because Gov. Mike Pence had shown that he had power to enforce the ban despite claims that he had no such control.

Young says Pence demonstrated his authority in two memos from his office to executive agencies instructing them on what to do following a ruling that struck down the ban. That case is now on appeal. The case on which Young ruled Tuesday is separate.

Young didn't reinstate a part of the lawsuit that challenged the general constitutionality of the ban.

The attorney general's office says it disagrees with Young's order.

All the latest news surrounding the same sex marriage debate can be found here.

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All the latest news surrounding the same sex marriage debate can be found here.

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