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Criminal Conduct

Indiana Will Send Same-Sex Couples To Jail For Wanting To Get Married. Really.

Here’s what happens when  you have a Republican-controlled state legislature these days. Indiana has passed a law that makes it a felony for same-sex couples even to apply for a marriage license. Yes, that’s right. In Indiana, you can now be sent to jail merely for asking for a marriage license. Fortunately, you won’t be alone. The state is also willing to jail any clerk who issues a marriage license to a same-sex couple. Plus, you will have your own chaplain, because the state is also prepared to jail any minister who performs a same-sex marriage.

The new law means that a same-sex couple asking for a marriage license are committing  a felony punishable by up to 18 months in jail and a $10,000 fine. Everyone else would face misdemeanor charges, which are punishable by up to 180 days in jail and a $1,000 fine, because we know who the real criminals are here. The new law will take effect in July 2014.

But wait! There’s more!

The legislature is also considering a constitutional amendment that would ban same-sex marriages in the state. To do so, they would put a measure on the November 2014 ballot for voters to decide. Gov. Mike Pence and the GOP leadership are all supportive of that idea and are ready to party like it’s 2004.  Pence is clearly not much of a believer in people who disagree with him. He just apologized for staffers deleting pro-marriage equality statements from his Facebook page. Given half a chance, we’re sure that the Republicans could find ways to jail people for making those statements in the first place.

By:          John Gallagher
On:           Jul 9, 2013
Tagged: , , ,
    • Jackhoffsky

      UGH… And they did this in such a sneaky underhanded way too. It was already a felony to improperly fill out a marriage license (give false information). SO, by their bigoted logic, as there is a space for “male applicant” and “female applicant”, any same-sex marriage hopefuls would immediately be in violation of improperly filling out the application.

      That is such a corrupt way of STARTING… then it goes on as mentioned above.

      Jul 9, 2013 at 4:52 pm · @ReplyReply to this comment ·
    • Polaro

      Well, you can’t get any more unconstitutional than that. Especially barring a minster from performing a religious ceremony…really bad.

      Jul 9, 2013 at 5:01 pm · @ReplyReply to this comment ·

      Okay, time for the ACLU lawsuit. It’s not like it’s frivolous. Who wants to sign on first?

      Jul 9, 2013 at 5:11 pm · @ReplyReply to this comment ·
    • Alberto

      Ugh. This is just disgusting
      where is Amnesty International when you need them?

      Jul 9, 2013 at 5:12 pm · @ReplyReply to this comment ·
    • AxelDC

      They pretty much guaranteed gay marriage in Indiana with this overreaction.

      Jul 9, 2013 at 5:14 pm · @ReplyReply to this comment ·
    • TampaBayTed

      And there are gays that still call themselves Republicans. Wrap your brain around that one.

      Jul 9, 2013 at 5:15 pm · @ReplyReply to this comment ·
    • mcflyer54

      @TampaBayTed: but they insist they’re working within the party for change. The only change I’ve seen from the GOP has been for the worse.

      Jul 9, 2013 at 5:19 pm · @ReplyReply to this comment ·
    • Saralikesyarr

      Polaro beat me to it.

      This should be easy to overthrow.

      Stepping on religious freedom here, with different religions performing gay marriage ceremonies, Buddhists, other Christians, independent ministers, etc.

      This is no brainer unconstitutional. Equal protection clause as well, and possibly freedom of speech.

      AxelDC is right, this basically will get handed to them by the supreme court.

      Stupid fools. Yay for us.

      Jul 9, 2013 at 5:24 pm · @ReplyReply to this comment ·
    • David

      It is unbelievable that an organization that screams bloody murder if a liberal law is passed to infringe upon corporate behaviors and argues vehemently for less government, here attempts to have more government intrusion into our bedrooms, our very souls, and now our faith!!! This law will not stand for long and hopefully neither will the tired old white men who feel threatened by more youthful, sexually vibrant people of all sorts who really understand what love is all about.

      Jul 9, 2013 at 5:35 pm · @ReplyReply to this comment ·
    • Wade

      This is as unconstitutional as it can get! I have a very dear friend who lives in metro Indianapolis and I know she is outraged over this! I live in Michigan and I hope our Republican controlled state house and senate don’t get wind of this because they like to play monkey see-monkey do because they already stripped the state of its union power by secretly changing Michigan right-to-work state. I hope they don’t go this far here! This is sickening and disgusting that people think they can control love like this!

      Jul 9, 2013 at 5:40 pm · @ReplyReply to this comment ·
    • 1EqualityUSA

      Sic ’em, legal Eagles! I sometimes wonder if the anti-equality side is secretly working for the equality side.

      Jul 9, 2013 at 5:40 pm · @ReplyReply to this comment ·
    • Steven

      Disgusting I think all those who support this are the ones who need to be locked up

      Jul 9, 2013 at 6:10 pm · @ReplyReply to this comment ·
    • ZeeZee

      Contrary to popular opinion, I’ll say that this exactly what we need. Why? Because this may be the last straw that will eventually bring the issue of same-sex marriage to a screeching end. It’s probably going to lead to yet another Virginia v. Loving situation and you know how that ended.
      Well, at least that’s what I hope…

      Jul 9, 2013 at 6:10 pm · @ReplyReply to this comment ·
    • Cyn

      @ZeeZee: I think you are right, ZeeZee. That would force a Supreme Court judgement because they are taking it legal and not just civil. Same as Loving. And what about people who are already married?

      Jul 9, 2013 at 6:31 pm · @ReplyReply to this comment ·
    • Dominickj

      I wish a legislator would write a bill stating we can arrest any of these legislators when they come to another state…

      Jul 9, 2013 at 6:36 pm · @ReplyReply to this comment ·
    • Dominickj

      @ZeeZee: AGREE!!!!

      Jul 9, 2013 at 6:38 pm · @ReplyReply to this comment ·
    • Dominickj

      @PARKAVMAN: If ACLU puts out a petition I’ll be happy to sign it and email it AND post it to my FB account and as many groups as I’m in!!!!

      Jul 9, 2013 at 6:41 pm · @ReplyReply to this comment ·
    • siflwr

      Isn’t this ruling against the first amendment?? don’t WE THE PEOPLE see this going too far or should the US build a second fence, around the state of Indiana??? What the hell happens to life, liberty, and the pursuit of happiness, No where in the constitution does it state or imply you have to be a republican in order to have certain inalienable rights!

      Jul 9, 2013 at 6:48 pm · @ReplyReply to this comment ·
    • Scribe38

      I am almost 40 years old and have never been arrested. This is a law I would be willing to break and go to trial over. GOP proud please explain how you support these people!

      Jul 9, 2013 at 7:35 pm · @ReplyReply to this comment ·
    • manjoguy

      Will you please stop this Republican-bashing. There is surely a litany of things we can say about Democrats (notably, as we’ve seen with the current administration, outright lying to the electorate and re-distributing wealth(the middle class will be paying dearly for this and will see a decline in its standard of living as we’ll see government grow and grow and control our lives(with every entitlement possible) in every way imaginable (ah, but we’ll have same-sex marriage, hooray!).

      Jul 9, 2013 at 7:40 pm · @ReplyReply to this comment ·
    • erasure25

      @manjoguy: Really!?!?!? Being jailed for asking for something? First Amendment anyone? Its political expression to ask for a marriage license as a same sex couple. Political speech is protected. This law will crumble like feta cheese in any court.

      Jul 9, 2013 at 7:47 pm · @ReplyReply to this comment ·
    • erasure25

      @Saralikesyarr: Its political expression for a gay couple to ask for a marriage license. In fact, you basically have to do that before you can bring a lawsuit for marriage equality. This law will crumble like sun dried feces in a court of law.

      Jul 9, 2013 at 7:49 pm · @ReplyReply to this comment ·
    • scotshot

      @manjoguy: I’m sure after you posted this that you indulged in a frenzied 17 second masturbation session and went back online at World Nut Daily and told your troll friends how you really socked it to the queers.


      Jul 9, 2013 at 7:49 pm · @ReplyReply to this comment ·
    • Triple S

      @manjoguy: I agree. I don’t how people can take themselves seriously by saying that HALF the entire population of the States which vote Republican are some kind of evil and despicable people. That kind of extreme histrionic bullshit is why I find it hard to respect lefties from the get-go.

      And things like what @scotshot says is just juvenile idiocy. Lefties always end up just insulting or slandering their opposition through outright speech or underhanded bitchiness.

      Democrats leave MUCH to be desired with their ineptitude and foolishness (looking at Obama big time).

      Jul 9, 2013 at 7:54 pm · @ReplyReply to this comment ·
    • schwma

      Fucking fly-over state anyway.

      Jul 9, 2013 at 8:32 pm · @ReplyReply to this comment ·
    • Rick

      Republicans have been so used to having control over just abiut everything in this country! But now it’s time to wake up and smell the coffee. Americans are tired of you one sided controlling attitude and finally took a stand. This governor will be biting his tongue before long with his rediculous one sided self engulfed hateful way if thinking.And the gays will be laughing all the way to the alter.

      Jul 9, 2013 at 8:39 pm · @ReplyReply to this comment ·
    • Freddie27

      As a “legal eagle”: Queerty has been misleading in stating that this law criminalises religious ministers for performing same-sex marriages. Such a law would be by its very nature unconstitutional, violating the Establishment and Free Exercise clauses. What I THINK the law does is simply prohibit religious ministers from issuing marriage licenses to gay couples or registering those marriages with the states. No new crimes have been created here. Indiana law has always prohibited gay couples from marrying; this only drastically increases the penalties for doing so. As to the criminalising of gay couples applying for a marriage license, I tend to agree with previous commenters that the law is unconstitutional in that respect in that it punishes an attempt not only of free speech but an attempt at redress and petition of the government.

      Jul 9, 2013 at 8:44 pm · @ReplyReply to this comment ·
    • jwrappaport

      To the legal eagles: “Chopper, sic balls.”

      Jul 9, 2013 at 9:20 pm · @ReplyReply to this comment ·
    • bcborn

      @manjoguy,@Triple S
      Please enlighten me as to what the Republican party has done (as of lately) to benefit the United States of America?

      Jul 9, 2013 at 9:31 pm · @ReplyReply to this comment ·
    • bmwblonde

      Just gotta say it. Republican Gays are CRAY-CRAY. They are likely RICH (inherited money, OR they hid their queerness so they could become rich, cosying up to bigoted white Hetro bosses) — whatever — they clearly want to belong to the rich-boy’s 1% club. (That alone suggests mental illness right out of the gate). And then, on top of being garden-variety Closet Cases (hey, it’s NOT the 1950’s, you assholes, things ARE getting better), they want the GOP to “include” and “approve” of them, even though they are, you know, GAY. That’s like a Russian intellectual wanting STALIN to “love him” or very confused Jewish person wanting to get HITLER’s “approval.” So: GAY Republican = self-hating closet case, with terrible self-esteem, and shitty personal values (wanting to be “included” in the 1%, gated communities — to “be a part of” all the other MONEY MONEY MONEY mental illnesses afflicting this benighted USA. Gay Republican — “working for change on the inside.” NOW THERE IS A LAUGH (albeit, black humor). Time to see the chaplain.

      Jul 9, 2013 at 9:48 pm · @ReplyReply to this comment ·
    • Scribe38

      @Triple S: Once again the “party of less government” (yeah right) steps on the wrong side of history and civil rights. Any gay man voting GOP is voting for terrorism against his own people. I would no more vote GOP than I would vote KKK! Voting GOP would be the same as me lighting a cross on my own lawn.

      Jul 9, 2013 at 9:54 pm · @ReplyReply to this comment ·
    • EDBroker

      I will be against gay marriage when Republicans are against divorce and deadbeat parents, not to mention adultery! Republicans, and anti-gay so-called “Christians,” only want to hide their own sins. Read this: Arch-conservative Cal Thomas. Los Angeles Times Syndicate. 5/20/04  “… Pro family groups have given it their best shot, but this debate is over.  They would do better to spend their energy and resources building up their side of the cultural divide and demonstrating how their own precepts are supposed to work.  Divorce remains a great threat to family stability, and there are far more heterosexuals divorcing and cohabiting than homosexuals wishing to ‘marry.’  If conservative religious people wish to exert maximum influence on culture, they will redirect their attention to repairing their own cracked foundation.  An improved heterosexual family structure will do more for those families and the greater good than attempts to halt the inevitable” [i.e., legalization of same-sex marriages]…

      Jul 9, 2013 at 9:56 pm · @ReplyReply to this comment ·
    • Joetx

      Indiana is the Mississippi of the Midwest.

      Kansas is the Alabama of the Midwest.

      Jul 9, 2013 at 10:33 pm · @ReplyReply to this comment ·
    • Rob

      Too bad Queerty doesn’t bother to investigate, particularly when there’s a Democrat governor involved.

      “But while several blogs portray those crimes as new laws passed this year by the Republican-controlled General Assembly, they’ve been on the books for more than a decade.

      They date back at least to 1997, when the state’s marriage laws were recodified by the legislature. And they may have been on the books much longer, since they don’t specifically address same-sex marriage. Instead, they generally address perjury on a marriage license application and attempts to perform marriages not allowed by law….It’s unclear whether same-sex couples who have unsuccessfully tried to marry in Indiana or those who have performed weddings for such couples have ever been targeted using those criminal laws.”


      And never mind that the penalty was just reduced this year. Oh well. Who gives a damn about the truth. Emotion is what’s important.

      Jul 9, 2013 at 10:50 pm · @ReplyReply to this comment ·
    • Victor_in_PA

      I feel like I went to sleep and woke up in Germany, 1938. Ever wonder what really happened to all those Nazis after WWII? Operation Paperclip brought them here by the tens of thousands and they had children. Now RepubiKKKans are trying to recreate 1930’s Germany all over again. Coincidence? I think not.

      Jul 9, 2013 at 10:52 pm · @ReplyReply to this comment ·
    • Dakotahgeo

      These laws will be seeing lawsuits before they even hit the ballot box! This will pretty much guarantee marriage equality in Indiana, popular ballot or not. Such Neanderthal knuckle draggers for politicians, and their lemming followers! Kansas and Missouri are no better.

      Jul 9, 2013 at 11:34 pm · @ReplyReply to this comment ·
    • scotshot

      @Triple S: Interesting how you & manjoguy both post claiming those on the

      left bash, insult, and slander republicans while doing it to Democrats yourselves. This is standing

      operating procedure among today’s republicans.

      It’s sad these exact same comments are repeated across the internet ad infinitum, and each and every poster

      believes they are original in their posts. It appears republican leadership has the electorate they want.

      Jul 10, 2013 at 12:04 am · @ReplyReply to this comment ·
    • Sebizzar

      How very backwards, this better not pass.

      Jul 10, 2013 at 1:05 am · @ReplyReply to this comment ·
    • Rob

      @Sebizzar: Ahh, but it DID pass back in the 90s with a democrat governor. Queerty is either ignorant of the facts or they’re willfully misrepresenting them.

      Jul 10, 2013 at 1:16 am · @ReplyReply to this comment ·
    • Rob

      @Rob: IC 31-11-11-1
      Sec. 1. A person who knowingly furnishes false information to a clerk of the circuit court when the person applies for a marriage license under IC 31-11-4 commits a Class D felony.
      As added by P.L.1-1997, SEC.3.

      This was changed to:

      Sec. 1. A person who knowingly furnishes false information to a clerk of the circuit court when the person applies for a marriage license under IC 31-11-4 commits a Level 6 felony.
      As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.307.

      this past July.

      Jul 10, 2013 at 1:22 am · @ReplyReply to this comment ·
    • Dakotahgeo

      @manjoguy: Please… stuff a stick of TNT where the sun doesn’t shine, and light it! You people are so numb!

      Jul 10, 2013 at 1:24 am · @ReplyReply to this comment ·
    • Rob

      @Dakotahgeo: I think you just proved his point.

      Jul 10, 2013 at 1:28 am · @ReplyReply to this comment ·
    • ecllips

      @bmwblonde: What an atrocious post you have marred this article with. Your post is full of wrong assumptions and racial/political/sexual orientation slurs. For your sake I hope you are still a high school student who hasn’t completed a proper education since you have much to learn.

      Jul 10, 2013 at 2:17 am · @ReplyReply to this comment ·
    • ecllips

      @scotshot: Sadly that is “standing
      operating procedure” for Democrats as well. It’s standard for all politics and is found in EVERY party

      Jul 10, 2013 at 2:20 am · @ReplyReply to this comment ·
    • scotshot

      @Rob: What do the guys at the firehouse say when you tell them you were cruising gay websites the night before?

      Jul 10, 2013 at 2:59 am · @ReplyReply to this comment ·
    • dunivant66

      It is clearly unconstitutional! I can’t wait for the first case, it will be Prop 8 all over again

      Jul 10, 2013 at 3:12 am · @ReplyReply to this comment ·
    • jaack

      @Joetx: Now Don’t disrespect Mississippi nor Alabama by mentioning them & Indiana in the same sentence!

      Mississippi & Alabama are much more forward thinking as the homes of the Klan than Indiana which has already trampled Freedom of Speech, Freedom of Religion, Due Process, Equal Protection etc. The most radical of the Supreme Court members would be appalled by these laws. Indiana is the newest model of anti-gay legal maneuvering seen so far, even makes African nations look like a bunch of Quakers.
      I’d love to see Ind. legislature’s legal authority for these laws.

      Jul 10, 2013 at 3:14 am · @ReplyReply to this comment ·
    • Volvoguy

      WTF, have these fucking people been reading
      Mein kempt.
      This is how crazy the republican. party has become
      with the crazy right nuts and the even crazier Christian Right nuts.
      It really great that those legislators is working for all the
      people that state, I live in va. And I thought these nutso were bad enough.
      Unreal and the republicans cant figure out why they keep losing

      Jul 10, 2013 at 8:11 am · @ReplyReply to this comment ·
    • Rock Star

      This will all be moot soon. Since the republican (mostly) legislators are still living in the past darkly, it will be up to the courts across the nation to rectify equality issues like gay marriage, so it is a losing battle for the anti-gay crowd which is growing smaller every day. The Founding Fathers knew what they were doing when they set up our 3 part government. They covered all the bases. Yes, the majority rules, but the minorities still have their rights.

      Jul 10, 2013 at 9:36 am · @ReplyReply to this comment ·
    • Polaro

      @manjoguy: You’re joking, right? Please tell me you aren’t that thick.

      Jul 10, 2013 at 9:50 am · @ReplyReply to this comment ·
    • Polaro

      @EDBroker: Please, don’t hold up a mirror to the haters…the meltdown will not be pretty. Just kidding, dish it out.

      Jul 10, 2013 at 9:52 am · @ReplyReply to this comment ·
    • Rock2XL

      Your No.3 referenced the ACLU. We also have the ICLU for Indiana. I lobbied legislators with them to get GLTB people covered by a “Hate Law.” The City of Indianapolis offers benefits to city employee’s partners as does Indiana University, which also warns couples that doing so may financially bind themselves as is a married couple, if legal action is taken against one of them — the negatives of marriage without the other benefits! I will support a constitutional challenge to this absurd law! Apologies for the backward “leaders” in my state!

      Jul 10, 2013 at 10:53 am · @ReplyReply to this comment ·
    • Cam

      “Plus, you will have your own chaplain, because the state is also prepared to jail any minister who performs a same-sex marriage.”

      My My My, interesting how the right wing bigots kept saying that churches would be forced to have gay marriages and they needed to protect churches so they could make their own decisions….

      And now here they are saying they will arrest any head of a church who performs a gay marriage in keeping with THEIR church’s views.

      Bigots, hypocrites, liars, the GOP is 3 for 3.

      Jul 10, 2013 at 11:37 am · @ReplyReply to this comment ·
    • AxelDC

      These people simply do not understand the 1st Amendment. First they claim that marriage equality would force churches to marry gay, contrary to all evidence to the contrary. Now they want to trample all over the right of religious groups, such as Jews, Lutherans, and Episcopalians, to celebrate marriage as they see fit.

      The first rabbi or bishop who goes to jail over this is going to be a hero of the civil rights movement and a huge embarrassment to the GOP.

      Jul 10, 2013 at 12:01 pm · @ReplyReply to this comment ·
    • vklortho

      I hope this doesn’t spread to Michigan. :(

      Jul 10, 2013 at 12:44 pm · @ReplyReply to this comment ·
    • Equallovebook

      Check out the book “Live Once Very Equally (love) By: Anthony Heetland” Now available on the kindle store, and help spread the word of love! http://t.co/Ot9yp4AxaR

      Jul 10, 2013 at 12:50 pm · @ReplyReply to this comment ·
    • bearfuzzlover

      Who does Mike Pence (or should that be Ponce) think he is … GOD?
      Seems to me that the President of the USA ought to legislate to make it unlawful for any Governor of any State in the USA to make their own laws, and like most other countries, apply a law that is universal … and one where gay people are treated with equal status and not subjected to segregation and humiliation … or for the Pres. of the USA to create a law just for Indiana where it is unlawful for people of opposite sex to get married … of face jail of up to 100 years. Talk about a no brainer.
      I believe there was a phrase Hang ‘Em High that might have been made for Pence as an Anti-Gay Dictator and his Disciples of Draconian law as a penance for being out with reality!
      I wonder what would happen if, in Indiana, it was swamped with same sex protesters from all four corners of the world applying to get married in the Indiana … would it be aiming to be the largest State Penitentiary in the World with more people behind bars than free, with a Notice as you enter the state: Welcome to the State of Indiana Jail!
      Would those who support Pence as tax payers still be happy to foot the bill for building all these new prisons and who is going to build them … when there is no one to do so … and other states banning anyone going across the border to help build them or risk going to prison, and where the infrastructure would fall to pieces. Who is going to produce goods, and where are you going to buy them, and who is going to bring in the taxes when protesters are serving time?
      Sounds like Pence is on the Road to Ruin and wanting a Death Wish to come true. I guess there will be those willing and waiting to assist him towards an early demise!

      Jul 10, 2013 at 4:40 pm · @ReplyReply to this comment ·
    • Rob

      @scotshot: “What do the guys at the firehouse say when you tell them you were cruising gay websites the night before?”

      Don’t know what you’re talking about. Not associated with any department. Not sure what your point would be if I were. I will say that the last time I was involved in fire, it was known that I am gay. Don’t discuss my personal life with co-workers though. Do you tell your co-workers that you cruise gay websites?

      Jul 10, 2013 at 6:36 pm · @ReplyReply to this comment ·
    • scotshot

      @Rob: I came out in 1972 personally and professionally and retired at fifty over nine years ago. I never had anything to hide. No closets in my life.

      Jul 10, 2013 at 8:44 pm · @ReplyReply to this comment ·
    • Rob

      @scotshot: That’s great. Whatever works for you. However, there are things I don’t talk about at work. That’s especially after being wrongly accused twice (fired once) for harassment and harassed by a supervisor all in my younger days. Since I learned to keep my mouth shut about certain things, I’ve had no problems. Besides, I don’t know of anyone whom I think would care about the gay websites I “cruise”.

      Jul 10, 2013 at 9:06 pm · @ReplyReply to this comment ·
    • jamal49

      @$$holes. All of them. Vote out the Republicans in 2014!

      Jul 12, 2013 at 10:14 pm · @ReplyReply to this comment ·

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