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7th Circuit denies en banc motion in same-sex marriage challenge

July 25, 2014

The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.

Indiana Attorney General Greg Zoeller’s office had filed a motion asking all 10 judges of the 7th Circuit to sit for the arguments. In a ruling issued Friday, the appellate court denied the state’s motion for en banc consideration.

Also, the 7th Circuit rescheduled oral arguments for Aug. 26. Arguments were originally set for Aug. 13, but that date was vacated after the AG’s office asked for the en banc hearing.

The court will hear arguments in the three consolidated cases from Indiana: Marilyn Rae Baskin et al. v. Penny Bogan, et al., 14-2386, Midori Fujii, et al. v. Commissioner of the Indiana State Department of Revenue, et al., 14-2387, and Pamela Lee, et al. v. Brian Abbott, et al., 14-2388.

Each side will have no more than 20 minutes to present their arguments.

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