July 2, 2014
We understand that in the wake of the Seventh Circuit's stay of Judge Richard Young's decision striking down Indiana's ban on the performance and recognition of same-sex marriages that there are a lot of questions. The Seventh Circuit has set the case on an expedited briefing schedule with the case to be fully briefed by early August, so we are hoping for a prompt decision. However, even if we win, there may be another stay entered pending a possible review by the U.S. Supreme Court.
It is our position that all marriages entered into in Indiana after Judge Young's decision and before the stay late in the afternoon on Friday, June 27, are valid. However, that is our position only and may not be shared by the government or private entities that are being asked to recognize the marriages.
July 11, 2014
Indiana law allows people to wed as soon as a marriage license is obtained. Therefore, after Judge Richard Young struck down Indiana's prohibition on same-sex marriages on June 25, hundreds of same-sex couples around the state married. However, on June 27, the Seventh Circuit Court of Appeals issued a stay, stopping all further marriages. Recently, counsel for the Governor of the State of Indiana issued a memorandum to state agencies that these marriages are not to be recognized.
We are still unsure if we can do anything to change the State's position as expressed in the memorandum issued by the Governor's counsel. However, after courts in Michigan and Utah struck down similar prohibitions, and the decisions were stayed after a number of persons were married, United States Attorney General Eric Holder specified that the federal government will recognize the marriages. We therefore have sent the attached letter to Attorney General Holder asking that Indiana's marriages between same-sex couples also be recognized. We will post any response we receive.
July 25, 2014
When we posted our July 11 letter to Attorney General Holder, we also told you that we were not sure if there was anything to be done about Governor Pence's position that same-sex marriages will not be recognized under Indiana law. Recent events in other courts have given us some direction on what we may or may not be able to accomplish in the coming months.
Utah also had a "window period" between its district court ruling striking down the law prohibiting same-sex marriage and before a stay was issued. After the stay, Utah, like Indiana, did not intend to recognize those marriages. A lawsuit was filed seeking an order declaring those marriages valid under state law. And, the federal district court declared that the window period marriages were in fact valid under Utah law. This ruling was upheld on appeal. (Attorney General Holder had already extended federal recognition.)
November 17, 2015
The American Civil Liberties Union of Indiana is deeply saddened that Governor Mike Pence has joined the backlash against Syrian refugees in the wake of the horrific terrorist attacks in Paris. These refugees are fleeing violence and oppression and should not be blamed for the very terror they are fleeing. We caution public officials against any reflexive reactions to curtail our civil liberties and target individuals because of their nationality in response to these horrific events. Refugee admission has long been a federal matter in which states do not have authority. We urge Governor Pence to rethink his position and affirm the need for refugees to seek sanctuary from the brutality of terrorism.
December 1, 2015
A Fort Wayne mom who has early-stage Hepatitis C is one of thousands of individuals across Indiana whose lives could possibly be saved through an ACLU of Indiana class-action lawsuit filed in November, 2015.
People who receive federal Medicaid benefits through the state should not be denied medically necessary treatment.
Our case against the Indiana Family and Social Services Administration challenges FSSA's policy of denying a life-saving drug to certain Medicaid recipients who have early-stage Hep C, which the lawsuit claims violates federal Medicaid law.
Hep C is a chronic disease that can lead to severe health problems, such as liver failure, cancer and even death. People in the early stages of the disease have the potential to be completely cured and their pain alleviated by a drug called Harvoni, yet the FSSA's policy provides the drug only to people in later stages of the disease. People who receive federal Medicaid benefits through the state should not be denied medically necessary treatment.