Gay marriage now legal in Indiana, high court opts not to review lower court decision

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Published: Monday, 06 October 2014 16:48

INDIANAPOLIS – Gay marriage is now legal in Indiana.

The U.S. Supreme Court rejected Monday (Oct. 6) an appeal from Indiana and four other states, a move that leaves in place lower court rulings that legalize same-sex unions.

Those rulings had been stayed pending the Supreme Court’s decision but they dissolve with the high court’s action, said Ken Falk, an attorney with the American Civil Liberties Union of Indiana.

“Our clients are married,” the ACLU said in a tweet just minutes after the Supreme Court’s decision. Later, Falk said clerks across Indiana must now begin issuing marriage licenses to same sex couples.

“Whether that takes a day or two days or a week it doesn’t matter,” Falk said. “There’s no step the state can take to stop that from happening.”

Rob MacPherson and Steven Stolen are plaintiffs in the case who will celebrate their wedding anniversary Saturday after getting married in 2008 in California. The court action means their union is now legal in Indiana.

“It feels great,” MacPherson said. “But a week from now, a year from now, definitely five years from now, we’re going to look back at a really fun, memorable, moving transformative experience for us but we’re going to say, ‘What was the big deal,’ becuase we’ve been together for 27 years and this just kind of makes it official.”

The attorney general’s office is waiting for the 7th Circuit Court of Appeals to issue a mandate that its earlier ruling can take effect, which could happen later this week. At that point, the office will direct county clerks to issue marriage licenses to gay couples.

The state had appealed a 7th Circuit Court of Appeals ruling that struck down Indiana’s ban on gay marriage. Indiana Attorney General Greg Zoeller has said repeatedly that the U.S. Supreme Court needed to act on the issue to make clear whether states have the authority to control marriage laws.

The high court’s decision not take up the cases means it has not established a national policy. But it does leave in place decisions in the 7 Circuit and others where courts have ruled in favor of gay marriage. Zoeller said Monday he was disappointed the court did not go farther.

“Our nation and all sides involved needed a conclusive Supreme Court ruling to bring finality to the legal question of state authority to adhere to the traditional definition of marriage,” Zoeller said.

“Although it is unfortunate the court did not accept the question and has again left states stuck in the limbo of uncertainty, ultimately the U.S. Supreme Court will have the final word on the subject of state authority to regulate marriage,” he said. “Strong opinions exist on all sides of this issue but we continue to urge Hoosiers to show respect for the Court, the attorneys, the county clerks and the rule of law while this complicated process plays out.”

Article by Hannah Troyer & Lesley Weidenbener - TheStatehouseFile.com