Clerks Begin Issuing Marriage Licenses to Same-Sex Hoosier Couples

INDIANAPOLIS (AP) — Supporters of same-sex marriage in Indiana say they are "ecstatic" that the Supreme Court has rejected Indiana's appeal of rulings finding a ban on such unions unconstitutional.

American Civil Liberties Union of Indiana Legal Director Ken Falk said Monday that the high court's decision not to hear appeals in the cases of Indiana and four other states means same-sex marriage "is now a reality" in Indiana.

He says same-sex marriages can now legally resume in the state, but he expects it to take several days for many county clerks to begin issuing licenses.

Melody Betterman-Layne and her wife, Tara, were part of the ACLU's lawsuit challenging Indiana's marriage law.

"I was flabbergasted because this is not the way we expected this to go down," Melody Betterman-Layne said Monday. "We thought for sure that one of the cases would be heard."

Hundreds of same-sex couples were married across the state after U.S. District Judge Richard Young struck down the state's ban in June. Those weddings stopped when the 7th Circuit granted a stay of Young's ruling.

Attorney General Greg Zoeller said the order means county clerks will be required to issue marriage licenses to eligible same-sex applicants once the 7th U.S. Circuit Court of Appeals in Chicago issued a mandate, which could happen this week. The high court's decision also means Indiana must recognize same-sex marriages legally performed in other states.

County clerks across the state, including Marion Co. Clerk Beth White, were beginning to issue licenses to same-sex couples on Monday. She said the court's decision not to hear the same-sex marriage cases "settled the issue."

"We have respected the law in this very complicated case all the way along," White said. "It's important to note that two courts in Indiana, Judge Young first and then the 7th Circuit on behalf of Indiana, have looked at this case. Both ... have found that Indiana's marriage statute is discriminatory and therefore unconstitutional. And this morning the Supreme Court said 'we are not going to hear this case.'  The legal effect is that the stay that was issued by the 7th Circuit is dissolved. Now it is not only legal, but also required, that I issue licenses to every couple in Marion County without discrimination. I am pleased about that."

Monroe County Chief Deputy Clerk Nicole Brown said she expects the clerk to begin issuing marriage licenses to same-sex couples after the county's attorney reviews Monday's events.

The high court made no comment in rejecting appeals from Indiana, Oklahoma, Utah, Virginia and Wisconsin. Its order immediately ends delays on marriage in those states and leaves lower court rulings in place.

The 7th U.S. Circuit Court of Appeals ruled in September that gay-marriage bans in Indiana and Wisconsin were unconstitutional.