Gay couples who fill out the Indiana application for a marriage license could find themselves facing felony charges.

A 1997 state law makes it a “Class D” felony to submit a marriage license application that contains false information about one or both of the applicants. Currently Class D felonies carry a penalty of from six months to three years in prison and up to a $10,000 fine. Indiana has recently revamped its criminal code, and starting in 2014 the penalty under this law becomes a “Level 6” felony, which will reduce the maximum jail sentence to 18 months. The maximum fine will remain at $10,000.

Indiana marriage license applications, which can be filed electronically in most of the state, contain a section for the “male applicant” and another for the “female applicant,” which means that sooner or later a gay couple will likely run afoul of the law because one partner will have to enter his/her information under the section for the wrong gender. Even though Indiana does not permit same-sex marriage or civil unions this law is problematic for gay couples because the penalty can be enforced even if the application is denied. So two people who may be confused about what the U.S. Supreme Court’s ruling on DOMA means or who are simply unaware that Indiana prohibits same-sex unions could unwittingly violate the law. This also means that participants in some protests against gay marriage prohibitions will be subject to arrest. One such protest is the “We Do” campaign that has been organized by the Campaign For Southern Equality. The We Do campaign encourages same-sex couples to apply for marriage licenses in states that prohibit same-sex marriages as a way to call public attention to the issue.

Aaron Sarver, communications director for the Campaign For Southern Equality, told Addicting Info:

This 1997 law is one example of a system of state laws that discriminates against LGBT people. By attempting to restrict citizens ability to peacefully petition to change laws, this law cuts against one of the basic tenets of our democracy.

In addition to the penalties levied against an applicant who provides false or incorrect information, the law also provides penalties for anyone who officiates at a wedding between two people of the same gender. Both religious and government officials who do so are subject to being charged with a “Class B” misdemeanor, which carries a penalty of up to 180 days in jail and a fine of up to $1,000.

At the start of next year Indiana lawmakers will begin debating whether to write law banning same sex marriages into the state constitution. The amendment is supported by governor Mike Pence and other top Republicans. If the amendment is approved by the legislature it will be placed on the 2014 election ballot. Current polls indicate that most Indianans oppose writing bans on same sex marriages and civil unions into the constitution.

You can find out more about the Campaign For Southern Equality and the We Do campaign on their site, SouthernEquality.org