Federal judge orders Indiana to recognize marriages of gay couples

Wed. August 20, 2014 9:31 AM by Carlos Santoscoy

Chicago, IL - A federal judge on Tuesday ordered Indiana officials to recognize the out-of-state marriages of gay and lesbian couples.

U.S. District Judge Richard Young declared the state's ban on recognizing such unions invalid but stayed his ruling pending appeal.

In June, Young struck down Indiana's ban in its entirety without a stay, which led to a rush of gay and lesbian couples to marry at county clerk offices. The Seventh Circuit Court of Appeals in Chicago put a hold on Young's order pending an appeal without explanation. It will hear arguments in the case on Tuesday.

Tuesday's recognition case, Bowling v. Pence, was the remaining case of five left undecided at the district court level.

Young had earlier dismissed Republican Governor Mike Pence as a defendant in a separate case. But this time, he reversed course and chided Pence in the process.

In July, Pence issued a memo to executive branch offices stating that the state's restrictive marriage ban remained in effect and to ignore Young's ruling.

Pence had argued that he should be removed from the cases because as governor he does not have any authority to enforce the ban.

Young said Tuesday that Pence's memo "clearly contradicts his prior representations to the court."

"The court, after witnessing the Governor do what he claimed he could not do, reverses course and finds him to be a proper party to such lawsuits. The court wishes to reiterate that it finds the Governor's prior representations contradicting such authority to be, at a minimum, troubling," Young wrote.

Article provided in partnership with On Top Magazine