Zoeller Memo To Clerks: Some June Gay Marriages Might Be Invalid

Oct 15, 2014

If the paperwork wasn't done right (or on time), the Attorney General's office is suggesting getting another license.
Credit Stan Jastrzebski / WBAA News

The Indiana Attorney General’s office is warning same sex couples who got married in a narrow window in June that their marriages may not be valid.

On June 25, U.S. District Court Judge Richard Young ruled Indiana’s gay marriage ban unconstitutional -- and didn’t stay the effects of his ruling. 

Two days later, the Seventh Circuit Court of Appeals did halt the ruling.  And in those two days, hundreds of same sex couples across the state got marriage licenses. 

But the Attorney General’s office says some of those marriages could be invalid. 

In order for a marriage to be valid, it must be solemnized within 60 days, the couple must return the license to the county clerk within 30 days after solemnization and the clerk’s office must record the marriage. 

A memo from the AG’s office says if same sex couples didn’t follow one of those first two steps – a real possibility, given the complicated legal status surrounding those marriages during the lawsuit – couples should get new licenses to ensure their marriages are valid. 

The memo also says that if couples solemnized and returned the license to the clerks in time, but the clerks didn’t record it, it’s likely the marriage is valid.