Indiana lawmakers have revamped a 1997 law that makes furnishing
false information on a marriage license a class D felony. Beginning July
1, 2014, a same-sex couple applying for a marriage license in the state
of Indiana will be guilty of a Level 6 felony, punishable by 18 months
in prison and a $10,000 fine. The new law also makes it a Class B
Misdemeanor for a clergyman, judge, mayor, city clerk or town
clerk-treasurer to perform a same-sex marriage, punishable by up to 180
days in jail and a fine of up to $1,000. Any clerk who issues a license
to a same-sex couple would also be guilty of a Class B Misdemeanor.
Because Indiana marriage license forms have a space for “male
applicant” and “female applicant”, any same-sex couple filling out the
form would automatically violate the law. The harsh penalties Indiana
lawmakers have approved make it difficult for protest movements like the
Campaign for Southern Equality’s “
We Do”
Campaign, which encourages same-sex couples to apply for marriage
licenses as a protest in states that prohibit same-sex marriages.
While many other states are reevaluating their laws concerning
marriage equality in the light of the Supreme Court decision that struck
down a key part of the Defense of Marriage Act, Indiana lawmakers are
considering doubling down on their anti-equality posture. Although
same-sex marriages are currently banned by state law, the Republican
controlled General Assembly is considering submitting an amendment to
the state constitution for a vote of the people next year. The decision
will be made in the January-March 2014 legislative session. It is
unclear whether such an amendment would survive a popular vote, as
recent polling finds a majority of Indiana residents are now against a
constitutional amendment forbidding marriage equality.
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