Indiana woman who refused to process same-sex marriage applications files lawsuit

A Southern Indiana woman is suing after she was fired for refusing to process same-sex couples’ applications for marriage licenses because of her “sincerely held” religious beliefs.

Linda Summers, a former clerk's office employee in Harrison County, filed the lawsuit last week against the county and County Clerk Sally Whitis in the U.S. District Court for the Southern District of Indiana in New Albany. The suit, which is filed in federal court, is not an invocation of the state’s new Religious Freedom Restoration Act or RFRA.

According to the complaint, Summers wrote and hand-delivered a letter to Whitis, telling her that processing licenses for gay couples is against her sincerely held religious beliefs against same-sex marriage, and asking that she not be required to do so.

Summers was fired on Dec. 9, shortly after she gave her letter to Whitis, who accused her of insubordination. She accused her former employer of unlawful employment practice and alleged that her termination is against the county policy of not discriminating against anyone based on “race, religion, color, sex, age, national origin, disability, military status, or any other classification under applicable law,” according to the complaint.

Whitis had sent a mass email to employees telling them they are required by state law to process applications for marriage licenses by same-sex couples even though it may be against their personal beliefs. The email was sent last October, a few days after the U.S. Supreme Court denied petitions to hear same-sex marriage in five states, including Indiana. The decision allowed lower-court rulings legalizing same-sex marriage to stay in place.

Louisville lawyer Richard Masters, who is representing Summers, said the lawsuit is “just a generic First Amendment free exercise case” and his client had the protected right to exercise her religious beliefs that go against same-sex marriage. He also said there are other employees at the clerk’s office who were willing to process same-sex marriage licenses.

Masters said he has not looked at the possible application of the federal RFRA law to the case.

“I’m not going to tell you it wouldn’t apply at all,” said Masters, of Masters, Mullins & Arrington. “What I’m saying is I think the First Amendment speaks for itself ... with or without RFRA.”

Whitis declined to comment when reached by The Indianapolis Star and directed inquiries to county attorney Christopher Byrd. Byrd was not immediately available for comment.

Summers worked for the clerk’s office for about six years and is a member of the First Capital Christian Church in Corydon, about 130 miles south of Indianapolis.

She is asking to be compensated for lost earnings and for the county to be ordered to examine or modify existing employment practices.

Call Star reporter Kristine Guerra at (317) 444-6209. Follow her on Twitter: @kristine_guerra .