State Net Capitol Journal Constitutional Rights Updates: Governor Pence Says Indiana Won't Recognize Gay Marriages Performed In State After Court Ruling

State Net Capitol Journal Constitutional Rights Updates: Governor Pence Says Indiana Won't Recognize Gay Marriages Performed In State After Court Ruling

PENCE SAYS IN WON'T RECOGNIZE GAY MARRIAGES: The lead legal counsel for Indiana Gov. Mike Pence (R) announced last week that the Hoosier State will not recognize hundreds of same-sex marriages performed in June before a court ruling allowing those unions to go forth was struck down. In a memo sent to all executive branch agencies, chief counsel Mark G. Ahearn said the state's ban on same-sex marriages "is in full force and effect and executive branch agencies are to execute their functions as though the U.S. District Court order of June 25, [enhanced version available to lexis.com subscribers], had not been issued."

The policy Ahern laid out applies only to state agencies under the governor's control and affects state services controlled by those agencies. Pence later issued his own statement, saying: "In consultation with our legal counsel, we believe a proper reading of the Court of Appeals decision stays the impact of the initial federal court decision. As governor, I have an obligation to uphold the laws of the state of Indiana."

Hundreds of couples exchanged vows in the three days between the federal court's June 25th ruling and its subsequent stay issued on June 27th. Indiana is appealing the ruling. (USA TODAY, ABC NEWS.COM, ASSOCIATED PRESS)

SOCIAL POLICY: CALIFORNIA Gov. Jerry Brown signs SB 1306, which removes the words "husband" and "wife" from the state's marriage law, replacing them with the term "spouse." The measure, which is intended to reflect the legality of same-sex marriage in the Golden State, goes into effect Jan. 1, 2015 (STATE NET). • UTAH Attorney General Sean Reyes (R) announces the Beehive State will appeal a ruling striking down its law barring same-sex marriage directly to the U.S. Supreme Court. The decision means the state will bypass a full hearing before the 10th U.S. Circuit Court of Appeals. A three-judge panel of that court struck down the law on June 25. That decision, which the panel immediately stayed, also applies to COLORADO, WYOMING, NEW MEXICO, KANSAS and OKLAHOMA (USA TODAY). • MISSOURI Gov. Jay Nixon (D) vetoes HB 1307, which would have imposed a 72-hour waiting period before a woman could obtain an abortion. Gov. Nixon called the bill "extreme and disrespectful" to women (MISSOURI GOVERNOR'S OFICE).

GOVERNORS IN BRIEF: ILLINOIS Gov. Pat Quinn (D) signed HB 5755 last week, a bill that will allow voters to weigh in on whether prescription insurance programs should be required to include birth control. The question will now appear on the November 4th General Election ballot (INSURANCENEWS.NET). • NEW JERSEY Gov. Chris Christie (R) conditionally vetoed a measure (AB 2006) that would have limited ammunition magazines to no more than 10 rounds, suggesting myriad changes to the Garden State mental health system instead. The veto predictably drew praise from gun advocates and scorn from gun-control supporters (STAR-LEDGER [NEWARK]).

— Compiled by RICH EHISEN

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