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Thursday, July 31, 2014

Ind. Decisions - More on: Hamilton County Clerk gains voluntary dismissal from State of Indiana's same sex marriage appeal to 7th Circuit

Yesterday Indiana's Hamilton County clerk moved for voluntary dismissal from the defendant's appeal (Baskin v. Borgan) to the 7th Circuit. She did not really give a reason. The 7th Circuit granted the motion.

Today, in the State of Wisconsin appeal, Wolf v. Walker, which is proceeding at the same time, Joseph Czarnezki, the Milwaukee County Clerk, has filed a document noting his opposition to the defendants' positions:

The plaintiffs-appellees named him in his official capacity as a defendant in the action from which this appeal has been filed. But his interests are aligned with the plaintiffs-appellees, not with the co-defendants who have brought this appeal.

Mr. Czarnezki files this memorandum to make clear that he does not appeal the injunction against him entered by the district court. (R. 57-16:443, 444.) He stands ready to follow its terms, consistent with his request below for a declaration that he is “authorized and empowered to issue marriage licenses to all couples, whether or not same-sex couples, who are otherwise qualified to receive a license under Wisconsin law.” (R. 57-5:65.) Mr. Czarnezki opposes all arguments of his co-defendants-appellants to the contrary.

Posted by Marcia Oddi on July 31, 2014 09:44 AM
Posted to Ind. (7th Cir.) Decisions