First, marriage has always been a right left to the states based on the 10th Amendment to the United States Constitution.
Second, one federal judge in Indiana says banning marriage between same-sex couples is not constitutional. The judge’s ruling came out at 11:18 a.m. June 25.
I was on my way back to the office from a mediation that Wednesday afternoon when I heard the news report on the radio concerning this issue. That afternoon the Floyd County Clerk and the News and Tribune called to see what I was going to do. The clerk said that people were calling and coming in and wanting to marry.
I advised the clerk not to issue marriage licenses until I had an opportunity to review what was going on. I told the News and Tribune that I needed to review what was going on before I could advise Floyd County regarding this matter.
• First, I needed to read the opinion of the judge. I told the News and Tribune that I will not make a legal decision without reviewing the opinion. I said, I do not even know if the judge put a moratorium date in the opinion.
• Second, the Indiana Attorney General’s office represents Indiana on this case. I needed to talk to the Indiana Attorney General’s office to ascertain their position on this case.
• Lastly, the clerk told me that we use forms issued by the state for marriages. I needed to review the forms and make sure the procedural aspect implementation was covered.
These matters needed to be reviewed before I could appropriately advise the Floyd County Commissioners and the Floyd County Clerk’s office. I was advised that some reports stated that I was standing in the way of implementation.
I got an email from the attorney general’s office indicating that they were going to appeal the decision and ask for an injunction.