Clerk’s office issues same-sex marriage licenses

Update: 

The Dubois County Clerk’s Office issued marriage licenses to two same-sex couples Wednesday afternoon.

According to Clerk Bridgette Jarboe, the forms used to apply for the licenses has been changed to state “Applicant 1” and  “Applicant 2” in place of the genders.

Not all counties in the state are issuing marriage licenses to same-sex couples. According to state law, a resident of Indiana must apply for a license in the county they live in. Non-residents can apply in any county for a $60 fee.

“I would just advise those individuals in those counties to continue to monitor the situation in their county,” Jarboe explained.

Jarboe stated her office has been contacted by the American Civil Liberties Union (ACLU) regarding the issuance of the licenses.

“There is a lot of interest in this,” Jarboe admitted.

Previously:

Dubois County Clerk Bridgette Jarboe stated the state attorney general’s office had informed all the state’s clerks to respect the ruling by U.S. District Judge Richard Young.

“To be respectful of the judge and the judicial process in Indiana, we do need to follow what the judge has ordered,” Jarboe said. “So licenses will be issued to same-sex couples if they come into the office and request one.”

With this, the clerk’s office will issue same-sex marriage certificates until told to do otherwise by the state or attorney general’s office.

Jarboe stated she has personally taken a call about same-sex marriage licenses today since the ruling came out and deputies in her office have fielded a few calls also.

The process for marriage licenses application remains the same and if a couple wishes to be married by the clerk, the ceremony must be scheduled two weeks in advance. According to Jarboe, this is how the clerk’s office conducts any marriage the officiate.

Dubois County residents wishing to apply for a marriage certificate can do so Monday through Friday, 8 a.m. to 4 p.m.

Meanwhile, Attorney General Greg Zoeller has filed an emergency motion for a stay of the judge’s decision pending his office filing an appeal.

Here is an excerpt of that motion.

https://twitter.com/jdisis/status/481912711052525568

Original Story:

The Dubois County Clerk’s Office received their first inquiry into a same-sex marriage certificate this afternoon.

The call came after a federal judge ruled that Indiana’s ban on gay marriage is unconstitutional.

U.S. District Judge Richard Young did not issue a stay on his ruling meaning it should take effect immediately. However, the state Attorney General’s office has stated Attorney General Greg Zoeller would ask for a stay on today’s ruling pending an appeal of the decision.

Clerk Bridgette Jarboe stated she cannot issue same sex marriage licenses at this time for two reasons. Her office has not received a notice from the attorney generals office or the state notifying her of the change in the law. And, the computer records system, INcite, her office uses to record marriage certificates doesn’t have the option for same-sex couples. This is a state system.

“I am ready to go, but we are waiting on official word from the state to go ahead,” Jarboe said. “We have to wait for ISPH to issue an official change of the forms. They have to approve the language so it can be changed on the INcite system”

There is an updated form but it has not been approved for use by the clerks’ offices across the state. “I don’t have a state form to issue a state marriage license at this time,” she said. “I don’t want to issue something [a certificate] that isn’t legal for the sake of the couple. I don’t want to give them something that isn’t legal.”

In Indianapolis, Marion County Clerk Beth White married Craig Bowen and Jake Miller as one of the first same-sex couples to be wed in the state.

The ruling also requires the state recognize same-sex marriages that have occurred outside the state.