A river separates Indiana and Kentucky, but on same sex marriage, the divide is much wider. Indiana Attorney General Greg Zoeller is fighting a number of legal battles on the states same sex marriage laws.
“I’m not the Office of the Attorney General. I’m the elected officeholder. So it’s the office that has this obligation, and we’ll do it to the best of our skill and ability,” says Zoeller.
Meanwhile Kentucky Attorney General Jack Conway decided against an appeal, leaving Governor Beshear to appeal using outside counsel.
Conway says Kentucky law gives him the right not to appeal and he felt the state would not have won the case on appeal and would have been fiscally irresponsible to the people.
“I think it was a fiscally responsible decision to make. I think it was the right decision to make for history and for myself, and I certainly stand by what I did,” says Conway.
Zoeller says he is required as a legislative officer to defend his client, the Indiana General Assembly.
“I let them know all along that I would fully defend on all appeals,” Zoeller says. “We’ve defended the same statute in our state courts.”
There have been at least four lawsuits challenging Indiana’s gay marriage ban. They come after a legislative session that focused heavily on whether to add Indiana’s gay marriage ban to the constitution. Ultimately lawmakers decided to amend the measure thus delaying when voters will get to decide the issue until at least 2016.