10 July 2013

Would You Risk Arrest to Get Married?

Indiana law defines marriage as being between one man and one woman.  Indiana law also imposes strict penalties for perjury in marriage applications or for applying for marriage when ineligible and penalties for clergy that officiate at marriages which are done under false pretenses.  These laws have been on the books for years.

However, a new law restructuring Indiana penal code makes it easier to prosecute and convict folks for such crimes starting July 2014.  The practical implication of these changes, given the realities on the ground in my home state, is that the combination of these laws will be used to brand as criminals same-sex couples and the clergy who marry them.  It is a felony in Indiana for people to ask the government to look at a piece of paper.

I wish I could say that since I moved out of Indiana, the shenanigans of the state don't bother me as much as they did when I lived there.  However, they bother me more, I suppose, because I have no say in the matter anymore.

There are obvious objections to the ways the laws work together, and it remains to be seen whether any enforcement measures will be taken based on them.  I wonder if I would risk eighteen months in jail to apply for a marriage license.  Would you?

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