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Wednesday, June 25, 2014

Ind. Gov't. - More on: Attorney General on the county clerks' duty to follow today's ruling

Updating this post from earlier this evening, the ILB now has received from the Office of the Attorney General a copy of the following statement sent this afternoon to all county court clerks (ILB emphasis):

Re: Motion for Summary Judgment (MSJ) granted today by U.S. District Court for the Southern District of Indiana in Baskin et al. v. Bogan et al., Fujii et al. v. Pence et al., and Lee et al. v. Pence et al.

Please accept this communication as additional guidance to your office relating to the above captioned cases and MSJ that was granted today. In U.S. District Court for the Southern District of Indiana, Chief Judge Richard L. Young had previously granted a TRO to two of the plaintiffs in Baskin et al. v. Bogan et al., a legal challenge to Indiana’s marriage law. Today Judge Young issued a permanent injunction preventing Indiana from enforcing its traditional marriage statute.

For those county clerks that were named (Hamilton, Allen, Boone, Porter, Lake) in the cases ruled upon today please be aware that you must comply with the court’s ruling or be subject to contempt of court. Other county clerks are not under the direct jurisdiction of the court order but as an officer of the court we must encourage everyone to show respect for the judge and the orders that are issued.

Our office is seeking a stay of today’s ruling pending appeal and will notify you timely if that stay is granted and the scope of it.

Our goal has been to avoid the chaos that has ensued in other states when rulings such as today’s have been issued. We encourage respect for our legal system and the rule of law. We will continue to communicate with as much certainty as possible under the circumstances from what we have learned from other states and with any additional information that comes from the federal courts.

Please contact this office if you have any questions concerning today’s ruling or this communication. Thank you.

ILB: This should end any confusion.

Posted by Marcia Oddi on June 25, 2014 09:34 PM
Posted to Indiana Government