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Tuesday, October 07, 2014

Ind. Decisions - Mandate issued by 7th Circuit, last barrier to same-sex marriage in Indiana eliminated

Here it is. It simply states:

Herewith is the mandate of this court in this appeal, along with the Bill of Costs, if any. A certified copy of the opinion/order of the court and judgment, if any, and any direction as to costs shall constitute the mandate.
Although some county clerks were issuing marriage licenses yesterday, others were waiting for the mandate. As AG Zoeller advised yesterday:
As soon as that mandate is issued – and it could be as early as today – county clerks will be prohibited from denying marriage licenses to same sex couples so long as all other marriage license requirements are met. It would be advisable to start making necessary preparations to process marriage license applications and issue licenses accordingly.
Apparently that won't be enough in some counties. According to the Goshen News story this morning by Julie Crothers:
Christopher Anderson, Chief Deputy Clerk of the Court for Elkhart Country, said the county will not proceed with issuing licenses until his office has discussed the matter with their attorney.

"Right now we are waiting on counsel from our attorney regarding some of the intricacies related to the decision," Anderson said. "... The Attorney General for the state is not the attorney for the county, so we’ll be waiting to hear from our own attorney before we decide how we’ll proceed."

Posted by Marcia Oddi on October 7, 2014 09:32 AM
Posted to Ind. (7th Cir.) Decisions