INDIANAPOLIS – A Federal judge's decision struck down Indiana's ban on gay marriage, saying the law was unconstitutional.
U-S District Judge Richard Young said the ban violates the equal protection clause. Young's ruling involved lawsuits filed by several gay couples.
Indiana Attorney General Greg Zoeller's office saying the "Attorney General’s Office previously announced it will file an appeal in the event of such a ruling, and will quickly ask for a stay of today’s ruling pending appeal."
Some counties immediately began issuing marriage licenses and performing marriages, while others decided to wait.
LaGrange County Clerk Bonnie Brown says she has already had several inquiries about marriage licenses. Brown said she explains there is an issue with the software she uses that says “male” and “female” and that if there is another ban, the license might be invalid.
But Brown says if they insist, she will issue a marriage license marked as “applicant one” and “applicant two”.
Brown says she is waiting for guidance from the attorney general's office.
Judge Young did not issue an immediate stay of his decision and in Indianapolis marriages of same-sex couples began quickly.
Governor Mike Pence's press secretary, Kara Brooks, issued a statement saying “Governor Pence supports the Attorney General’s efforts to appeal the federal court’s ruling and defend Indiana’s right to define the institution of marriage for the residents of our state. Because the Governor believes in the rule of law, the State of Indiana will comply with the federal court’s order as this case moves through the appeals process.”
Ken Falk, ACLU of Indiana legal director, said "We are ecstatic that the court recognized what we have always maintained: That there is simply no justification for treating same-sex couples any differently than other loving couples of opposite genders."
Indiana Senate President Pro Tem David Long of Fort Wayne said "I hope that state law in Indiana and elsewhere will be respected by the federal court system by granting a stay to Judge Young’s ruling until the Supreme Court takes up this case and all the others like it around the country.”