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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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