INDIANAPOLIS (July 9, 2014) – The state of Indiana will not recognize the flurry of same-sex marriages performed around the state last month.
In a memo from the governor’s chief counsel, state agencies are directed to comply with the stay ordered by the U.S. Court of Appeals for the 7th Circuit on June 27, 2014. Agencies are told to proceed as though the June 25 order had never been issued.
The only recognized same-sex marriage in the state is that of Amy Sandler and Nikole Quasney, a Munster couple who married out of state. That’s because of a July 1 ruling lifting the stay specifically in their case.
On June 25, a federal judge ruled Indiana’s law banning same-sex marriage unconstitutional, a ruling that temporarily opened the door for same-sex couples to get married. The appeals court ordered the stay on June 27, halting the marriages and putting their fate in doubt.
The Attorney General’s Office is appealing the June 25 ruling.
Here’s an excerpt from the memo:
To ensure that the state respects the rule of law, executive branch agencies are instructed to comply with the 7th Circuit Order issued on June 27, 2014, which stays the U.S. District Court Order issued on June 25, 2014. Accordingly, Indiana Code § 31-11-1-1 is in full force and effect and executive branch agencies are to execute their functions as though the U.S. District Court Order of June 25, 2014 had not been issued. Also in compliance with the rule of law, the State will comply with the Court of Appeal’s individual order recognizing the marriage of Amy Sandler and Nikole Quasney.
PDF | Memo on Same-Sex Marriages
Reaction to the decision was swift from Indiana Democratic Party Chair John Zody:
“How predictable that Governor Pence refuses to recognize the hundreds of marriages that occurred after the court struck down our discriminatory same-sex marriage ban. For most newlyweds, they have time to enjoy their union and the creation of a new family. Instead, the Attorney General stalled by providing foggy guidance in order for uncertainty to continue, giving the Pence Administration plenty of time to find legal loopholes to perpetuate the notion that our state’s welcome mat should only be out for some – those who fall under his narrow notion of a Hoosier family. Governor Pence is embarrassing our state by ignoring these families, creating an unwelcoming environment for those who want to call Indiana home. No Hoosier should be treated as a second-class citizen. What’s more, the Governor can’t even face Hoosiers himself to tell them he’s shutting the door on equality. He has to do it through a staffer.”
Marion County Clerk Beth White released the following statement:
“Governor Pence’s decision not to recognize the legal unions of hundreds of same-sex couples is disheartening and disappointing.
As Clerk of Marion County, I was proud our office was able to issue these licenses and officiate over 450 weddings for couples, many of whom have been in loving committed relationships for decades. Governor Pence owes these couples an explanation on why he continues to deem them as second class citizens. They legally obtained their license, paid the requisite fee and should be entitled to the same rights and privileges the rest of us enjoy.
It is time for our state leaders to put the issue behind us so that we can focus on strengthening the middle-class, investing in quality education and rebuilding Indiana’s economy.Hoosier businesses depend on the best and brightest employees to compete in the global economy. Indiana is rolling up the welcome mat with this regressive stance on this issue. Although my opponent has a long history of opposing marriage equality, I call on Mrs. Lawson to reject Governor Pence’s ruling today. The Office of the Secretary of State should be welcoming to all employers choosing to invest or reinvest in Indiana. And that includes their prospective employees and their families.
Hoosiers deserve common sense leadership that is focused on moving Indiana forward.”
