County clerks across the state Tuesday morning received a mandate from the 7th U.S. Circuit Court of Appeals telling them they must issue marriage licenses to same-sex couples.
Some Indiana counties were waiting to receive the mandate before issuing the licenses.
The mandate comes after same-sex marriage became legal in Indiana Monday.
The U.S. Supreme Court rejected appeals in cases from five states regarding same-sex marriage.
The court denied review of cases from Indiana, Utah, Oklahoma, Virginia and Washington.
Several same sex couples who took part in the lawsuits challenging Indiana's gay marriage ban gathered at ACLU-Indiana's office in Indianapolis just hours after the news came down that their marriages were once again legal.
ACLU-Indiana legal director sat in front of the couples and declared: the fight is over.
"There is nothing that can be done by way of an Indiana constitutional amendment or Indiana law to alter that face. This is over and same sex marriage is now a reality," Falk said as people in the room burst into applause.
Melody Betterman-Layne and her wife Tara were shopping when they got a message from their attorneys, telling them their marriage was once again legal in their home state.
Melody says she was flabbergasted but excited.
"Organizations who have treated us unfairly because they could, because the state of Indiana said that was okay, will not be able to do that anymore – that's what I'm crowing a little bit about inside today," she said.
But the Supreme Court did not issue a broad ruling for the country. It simply chose not to hear the cases before it, leaving other cases still in the federal court system in limbo.
Indiana Family Institute public policy director Ryan McCann says the issue is still an open question.
"I think you could still see the U.S. Supreme Court act on this in the future. I just think it's unworkable, the situation that we have now, where states are kind of left to not know exactly what the guidance is," McCann said.
In a statement, Gov. Mike Pence said that Hoosiers can be assured that he and his administration will uphold the federal court's ruling.
"While it is disappointing to many that the Supreme Court has chosen not to hear arguments on this important issue, under our system of government, people are free to disagree with court decisions but we are not free to disobey them," he said.
Attorney General Greg Zoeller says county clerks will then be required to issue marriage licenses to same sex couples.
Falk urged patience to same sex couples who want to hurry out to their clerk's office right away.
"It will undoubtedly take a few days for this to percolate through to the clerks and I would not anticipate clerks in all counties reacting immediately," he said.
Some counties, including Marion and Monroe counties are issuing licenses.
But few people are getting licenses. Monday morning, only one couple got a license in Marion County.
Marion County Clerk Beth White says that is because the situation is different from the time in June when a district court ruling allowed for same-sex marriages. At that time, people were expecting the 7th Circuit Court of Appeals to issue a stay and halt same-sex marriages, which it did three days later.
"There was a sense of significant urgencycome in get your license but also make sure you get your ceremony because you don't want to be caught in between with the stay. There's no similar urgency right now," White says.
Brandon Smith, Barbara Harrington and Alexander McCall and Gretchen Frazee contributed to this report.
