INDIANAPOLIS | The leader of the Indiana Democratic Party wants to know how much the state is spending to defend its law limiting marriage to opposite-sex couples; a law that federal district and appellate courts have ruled is unconstitutional.
In a letter sent Monday to Republican Attorney General Greg Zoeller, Hoosier Democratic Chairman John Zody requests Zoeller produce detailed data on the employee hours and expenses racked up on behalf of Indiana's losing marriage fight.
"While the governor maintains the state has an ongoing surplus, he continues to slash agency and university budgets in the name of fiscal responsibility. As such, I am asking for information from you relating to the fiscal impact of the state pursuing a marriage ban," Zody said.
Last week, the 7th Circuit Court of Appeals in Chicago ruled 3-0 that Indiana's prohibition on same-sex marriage and refusal to recognize gay marriages performed elsewhere runs afoul of the U.S. Constitution's equal protection guarantees.
Zoeller is appealing that decision to the U.S. Supreme Court. Marriages for gay Hoosier couples are on hold while the appeal is pending.
Bryan Corbin, the attorney general's spokesman, said the state is incurring no additional expense by Zoeller carrying out his duty to defend the laws enacted by the people's representatives in the General Assembly.
"This case -- only one of approximately 4,000 each year where the (attorney general's) office represents the state in court -- is assigned to a salaried attorney who does not charge billable hours and who would be paid the same regardless of whether plaintiffs' lawyers filed this lawsuit against the state or not," Corbin said.
Unlike other states that have turned to outside counsel to defend their marriage laws, Corbin said Indiana's use of in-house staff and resources ensures costs stay within the attorney general's office budget approved by the Legislature.
Republican Gov. Mike Pence has said he is grateful for Zoeller's efforts to preserve Indiana's marriage law.