INDIANAPOLIS -- The Indiana Attorney General’s Office will defend the state statute authorizing those who officiate at marriage ceremonies. A lawsuit challenging the constitutionality of that statute, Indiana Code 31-11-6-1, was filed Wednesday by the ACLU in U.S. District Court, but the State has not been served with the lawsuit. By law the Attorney General’s Office is required to defend from legal challenges the state statutes that the Legislature has passed. Also, by law the Attorney General defends county prosecutors named in civil suits in their official capacities. Attorney General Greg Zoeller today issued this statement:

“My office will defend the authority of the people’s elected representatives in the Legislature to determine who may solemnize legal marriages in this state. This statute was first enacted in 1997 and amended in 1999; and this constitutional challenge is a test of the authority of the state. My office will seek to defend this statute from the legal challenge as we have defended the Voter ID law, the Choice Scholarships law and other statutes that have been challenged by private plaintiffs,” Zoeller said.