UPDATE: Elkhart County has received word from the Attorney Gener - Fox 28: South Bend, Elkhart IN News, Weather, Sports

UPDATE: Elkhart County has received word from the Attorney General to grant same-sex marriage licenses

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UPDATE: Elkhart County Clerk's office has told FOX28 they received word from the Attorney General to grant same-sex marriage licenses and issued two before the end of the business day.


PREVIOUS: The St. Joseph County Clerk's office says they have been told they can grant marriage licenses for same-sex couples. Elkhart County has told FOX28 they will not be issuing any such licenses until they receive a determination from the Attorney General, who plans to ask for a stay of the ruling, and to file an appeal.


PREVIOUS: A federal judge has struck down Indiana's ban on gay marriage, calling it unconstitutional.

U.S. District Judge Richard Young ruled Wednesday that the state's ban violates the U.S. Constitution's equal-protection clause in a mixed ruling involving lawsuits from several gay couples. You can view the entire ruling here.

It wasn't immediately clear whether the ruling means same-sex marriages can begin in the state. FOX28 spoke to St. Joseph County and Elkhart County clerk's office, and both were awaiting word on how to proceed.

The Indiana attorney general's office says it will appeal and apply for a stay, and told FOX59 in Indianapolis they will "communicate with county clerks on proper marriage license procedures they should follow in order to avoid chaos during the appeal.”

Federal courts across the country have struck down gay marriage bans recently, but many of those rulings are on hold pending appeal. Attorneys on both sides of the issue expect the matter to eventually land before the U.S. Supreme Court.

It also wasn't immediately clear what impact Wednesday's ruling might have on a faltering movement to add a gay marriage ban into the Indiana Constitution.

Both the Associated Press and FOX59 contributed to this report.



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