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Wednesday, October 08, 2014

Ind. Gov't. - Governor Pence advises state agencies in the wake of the SCOTUS action Monday

From the Governor's press office:

Hello Marcia,

Here’s the memo you asked for, which was sent out yesterday [Oct. 7]. The Governor is instructing his agencies to comply with the court order and follow the rule of law just as he did on the other two occasions when a decision regarding the state’s recognition of same-sex marriage was handed down from the courts.


And the memo:
To executive branch agency heads and select general counsels:

The Supreme Court of the United States denied Indiana’s petition to review the 7th Circuit Court of Appeal’s affirmation of the United States District Court’s ruling(s) invalidating IC 31-11-1-1 (a) and (b). Today the 7th Circuit lifted the stay of the District Court’s injunction prohibiting enforcement of Indiana’s statutory ban on same sex marriages.

To ensure that all Indiana executive branch agencies are operating with a common understanding of the law and pursuant to the same management guidance, I issue the following explanation and instructions effective today.

No executive branch agency may deny any state benefit or recognition otherwise available or provided to a married individual because that individual is married to a person of the same sex, whether that individual was married in Indiana or another jurisdiction. Executive branch agencies are to recognize same sex marriages in the same manner as they recognize heterosexual marriages.

All executive branch agencies must take whatever actions are necessary to implement any processes required to comply with the court’s order.

I recognize that every agency operates under different sets of laws, forms, approvals and requirements. You, your general counsels and staff know those better than I. The direction is for each agency to look at its own processes and make changes to implement the law and recognize same sex marriages. If you have any implementation or administrative problems, please call your agency contact in the Governor’s office, or me, if we can help.

Thank you.


Mark G. Ahearn
General Counsel to Indiana Governor Mike Pence

Posted by Marcia Oddi on October 8, 2014 02:08 PM
Posted to Indiana Government