(UNDATED) - At least two Indiana counties are not issuing marriage licenses to same-sex couples, despite a federal judge's ruling that the state's ban on same-sex marriage was unconstitutional.
County clerks in Daviess County and Cass County have chosen not to give marriage licenses to same-sex couples who request them - it isn't known whether any have in either county. Daviess County Clerk Sherry Healy told the Indiana Lawyer she would not do so for religious reasons and would continue to refuse unless she was ordered otherwise.
Cass County Clerk Beth Liming told the legal publication she was advised to not give licenses to same-sex couples by their county attorney, with the attorney arguing that Wednesday's ruling only applied to the four counties who were named In U.S. District Judge Richard Young's order - Hamilton, Boone, Lake and Porter Counties. "It is correct that if the county clerks were not parties to the lawsuit, they are not in contempt of court by failing to comply," said Ken Falk, legal director for the ACLU of Indiana. "But given that the judge has indicated that the statute is unconstitutional on its face, meaning it's unconstitutional for everyone in all applications in Indiana, we are going to ask the county attorneys if they could do what is necessary to get those marriage certificates issued in those counties.
Even as he filed an emergency appeal to Judge Young to put his order on hold during an appeal, Attorney General Greg Zoeller said the state would comply, as did Governor Pence. But Zoeller only asked clerks in other counties to respect the order - neither he nor any other state officials ordered them to comply. "We are waiting a little bit to see what shakes out, and then we will be getting in touch with those county attorneys," Falk said. "Theoretically, we could bring new litigation. Obviously, with this case pending and a stay pending, that might not happen. I am hoping that when we have a chance to communicate with the county attorneys, we can work that out."
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