On Wednesday, Federal Court Judge Richard Young ruled that the Indiana Code section defining marriage between a man and a woman was unconstitutional, allowing same-sex couples to be legally wed in Indiana. The rush to the court house immediately ensued. As predicted, the Indiana Attorney General filed a motion to stay the ruling, which would put the issuance of marriage licenses on hold until a higher court rules. During the same time the Indiana Attorney General was preparing and filing this motion, the Marion County Clerk’s Office married approximately 180 couples on Tuesday and the line continues to grow today.
It’s important to note that a marriage license expires 60 days after it is issued unless the parties get married within that time. It is likely that a validly issued marriage license can still be used for the marriage even if the Indiana Attorney General’s stay is granted. If the stay is granted, all of these same-sex marriages will enter “legal limbo” and will only be released upon a ruling from either the Circuit Court or possibly the Supreme Court. So same-sex couples who are rushing to the clerk’s office to get a marriage license prior to the issuance of a stay need to know that obtaining the license quickly is probably a good idea but rushing into a marriage ceremony because of the fear of having this right taken away may not be a good idea.
Marriage is an important life event which shouldn’t be entered into haphazardly despite the historical impact of Judge Young’s decision. All couples should consider a pre-nuptial agreement. A quickie marriage only increases your odds of regretting not creating a premarital agreement. If you are looking to set up a pre-nuptial agreement feel free to contact us here.
photo courtesy of: dieraecherin