Latest ruling overturning same-sex marriage ban makes Indiana governor a party to suit

A federal judge ruled Tuesday on the last remaining same-sex marriage case in Indiana, once again overturning the state's ban on gay marriage, at least in part.

In his ruling, Judge Richard Young struck down Indiana's ban on recognizing same-sex marriages that are performed in other states. Like Young's previous rulings, that decision is stayed pending appeal.

The case, Bowling v. Pence, was the only one of the five cases challenging Indiana's ban on gay marriage still left undecided in U.S. District Court.

Earlier, in a decision in June, Young struck down Indiana's ban on gay marriage in its entirety with no immediate restrictions, leading to impromptu weddings for hundreds of gay and lesbian couples who rushed to courthouses across the state. That decision was later stayed by the 7th Circuit Court of Appeals in Chicago, leaving the legal status of those marriages in limbo.

The 7th Circuit is expected to hear oral arguments in that case next Tuesday.

In his latest ruling, Young also questioned arguments from Gov. Mike Pence that he should be kept out of same-sex marriage lawsuits filed in the state. A similar lawsuit, Love v. Pence, was earlier dismissed, after Pence argued that he does not have any authority to enforce the Indiana law concerning same-sex marriage.

This time, Young changed his mind.

Young referenced in his latest decision a July memo issued by Pence's general counsel to executive branch offices. The memo said Indiana's ban on same-sex marriage was "in full force and effect" and that Young's June 25 ruling striking down the state's ban should be disregarded.

"I appreciate the confusion that has been created by different federal court decisions, but as governor I have to see to it that the state operates in a manner consistent with Indiana law," Pence said at the time.

"The memoranda issued by the Governor clearly contradict his prior representations to the court," Young wrote in his Tuesday decision, adding that this case "is not based on the governor's general duty to enforce the laws. It is based on his specific ability to command the executive branch regarding the law."

The attorney general plans to appeal Young's latest ruling, spokesman Bryan Corbin said.

At issue in the Bowling case, Corbin explained, is whether state government personnel benefits or a divorce protective order could be applied to plaintiffs who had same-sex marriages granted in other states — marriages that are not legally recognized in Indiana.

Young was critical of Pence's actions in the case after the governor argued he had no authority to enforce the state law, prompting Young to initially grant a summary judgment in favor of Pence.

"The Governor has repeatedly represented to this court that he does not have any authority to enforce, or other role respecting," the state's marriage law, the judge wrote.

"Based on this representation and an absence of statutory authority allowing the governor to issue executive decrees telling other elected officials how to do their jobs, the court previously granted summary judgment in favor of the Governor."

In his order Tuesday, Young made it clear he was troubled by the governor's apparent reversal.

"The court, after witnessing the Governor do what he claimed he could not do, reverses course and finds him to be a proper party to such lawsuits. The court wishes to reiterate that it finds the Governor's prior representations contradicting such authority to be, at a minimum, troubling."

It's still unclear, however, whether Young's latest ruling will have any effect on his earlier decision to dismiss Love v. Pence.

Star reporters Tim Evans and Barb Berggoetz contributed to this story.

Call Star reporter Jill Disis at (317) 444-6137. Follow her on Twitter: @jdisis.