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Gay couples' lawyers object to full-court hearing

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Attorneys on either side of a lawsuit over Wisconsin and Indiana's overthrown gay marriage bans are wrangling over how many federal judges should hear the states' appeal, a technical issue that could make a big difference.

Those representing gay couples who want the bans overturned permanently in both Indiana and Wisconsin filed briefs on Monday arguing that a three-judge panel of the 7th U.S. Circuit Court of Appeals is enough. They say three-judge panels in other districts have heard similar cases and at least one has rejected a similar motion for a full-court hearing.

Indiana Attorney General Greg Zoeller requested June 11 that the full, 10-member court hear the case, which lawyers call en banc review. Wisconsin made a similar move last week after the same federal appeals court had consolidated Indiana and Wisconsin's cases.

"En banc review would serve to provide the insights and judgment of 10 well-respected judges, rather than just three, which would benefit the judicial review process no matter the outcome," Indiana attorney general's office spokesman Bryan Corbin said in a statement Tuesday.

But according to a legal expert, a full-court review amounts to playing the odds.

"Your panel of three may or may not be representative of the whole court. There are going to be times when that happens," David Orentlicher, a professor at Indiana University Robert H. McKinney School of Law, said Tuesday.

Both states agree that the case should move rapidly through the legal process.

Hundreds of couples were married in Indiana from June 25, when U.S. District Judge Richard Young struck down the state's gay marriage ban, to June 27, when the 7th Circuit put the decision on hold. The sole exception to the appeals court stay in Indiana was an order for the state to recognize the out-of-state marriage of Amy Sandler and Nikole Quasney of Munster; Quasney is dying of ovarian cancer.

In Wisconsin, more than 500 couples got married after U.S. District Judge Barbara Crabb ruled June 6 that the ban was a violation of gay couples' equal protection and due process rights. Crabb put her ruling on hold a week later and there have been no marriages since.

Marriages in both states conducted in between when the bans were struck down and put on hold remain in legal limbo.

The American Civil Liberties Union, which is challenging the bans in both states, argues that the marriages are legal.

ACLU of Indiana Legal Director Ken Falk sent a letter to U.S. Attorney General Eric Holder on July 11 asking him to issue a statement that the federal government will recognize the marriages as he did in Utah and Michigan, which would make Indiana's couples eligible for federal benefits for married couples.

Democratic members of Congress from Wisconsin made a similar request.

Same-sex marriage is legal in 19 states and the District of Columbia.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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