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

Stan Jastrzebski

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.

Brandon Smith is excited to be working for public radio in Indiana. He has previously worked in public radio as a reporter and anchor in mid-Missouri for KBIA Radio out of Columbia. Prior to that, he worked for WSPY Radio in Plano, Illinois as a show host, reporter, producer and anchor. His first job in radio was in another state capitol, in Jefferson City, Missouri, as a reporter for three radio stations around Missouri. Brandon graduated from the University of Missouri-Columbia with a Bachelor of Journalism in 2010, with minors in political science and history. He was born and raised in Chicago.
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