Correction: Indiana continues to enforce sane-sex marriage ban, otherwise avoids new douchebaggery

A sharp-eyed friend (thanks Andrea!) pointed me towards this article, which clarifies what the updated laws actually are and what their effects are. A quote:

The Marriage Application
The consternation for this law is coming about because of a change in how Indiana processes marriage applications. As part of an overall effort to modernize and digitize all state public records, Indiana has been switching – county by county – to a digital marriage license application form.

On the digital form, there are specific gender designators for male and female that cannot be changed. Previously, on the paper form, one could mark out male or female and write in the appropriate gender to make the form correct. On a digital version, this isn’t possible.

So, some enterprising reporter put two-and-two together and wrote up a story about how there was a new law (no, it’s an updated law that only changed the penalties) that would criminalize the act of any same-sex couple who filled out the electronic form because they would, by default, have to lie about the gender of one of the applicants.

The Confusion
Here’s where it gets confusing for most folks, including the reporter who wrote the original piece: the law specifically criminalizes “knowingly providing false information” – in other words, when there is an intent to defraud the state, you have committed a crime. As several Indiana lawyers, including my friend and fellow blogger, Doug Masson, have pointed out, the simple act of writing (male – not female) or (female – not male) after your name should suffice to make your intent clear.

Me again. I see that this has made it to Tumblr, so if someone wanted to post a link to this article, that’d be much appreciated. Nothing I hate more than misinformation.

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One thought on “Correction: Indiana continues to enforce sane-sex marriage ban, otherwise avoids new douchebaggery

  1. The original article also made the point that it was a misdemeanor to perform a marriage ceremony for someone marrying illegally (which would include a same-sex couple in Indiana, even if they were legally married in another state). That also was a law already on the books. Even if the original article got it wrong about all of this being newly illegal, it’s useful to have it pointed out that it always was illegal and no-one is making any effort to change that.

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