Thanks to a 1997 state law, couples applying for marriage licenses in Indiana could potentially face Class D felony charges upon submitting their application to the clerk, even if said application is denied.
The law in question declares it illegal to falsify any information on a marriage license application, including physical conditions such as gender. Since the state's electronic marriage license application explicitly designates places for one "male applicant" and one "female applicant", a same-sex couple could certainly trigger the law.
The same law also declares it a Class B misdemeanor for any clergyman, judge, mayor, city clerk or town clerk-treasurer to perform a same-sex marriage ceremony or solemnize a same-sex marriage in any way, which carries a penalty of up to 180 days in jail and a fine of up to $1000.
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