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Court puts Indiana gay marriage ruling on hold

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A federal appeals court on Friday put on hold a judge's order striking down Indiana's gay marriage ban, bringing same-sex marriages to a halt and leaving those who've already tied the knot in legal limbo.

The U.S. 7th Circuit Court of Appeals in Chicago issued the order two days after U.S. District Judge Richard Young had ruled that Indiana's prohibition on same-sex marriage was unconstitutional. The decision came shortly after Indiana Attorney General Greg Zoeller, tired of waiting for Young to rule, appealed to the 7th Circuit.

Zoeller's spokesman, Bryan Corbin, said the attorney general's office would immediately let county clerks know about the decision. The Marion County clerk's office in Indianapolis, which handed out 120 marriage licenses to same-sex couples on Friday, had planned to open on Saturday to issue licenses, but announced after the ruling that it would not.

Ken Falk, legal director of the American Civil Liberties Union of Indiana, said he was disappointed but not surprised by the stay. Hoosiers Unite for Marriage spokesman Kyle Megrath said the group had delivered more than 12,000 petition signatures asking Zoeller not to pursue any appeals.

"More than anything, this is a terrible blow to the legally wedded Indiana couples and their families who were finally, after so long, recognized this week under Indiana law," Megrath said.

The attorney general's office argued it was premature to require Indiana to change its definition of marriage until the U.S. Supreme Court weighs in on the issue, as is widely expected.

In staying Young's order requiring the state to allow same-sex marriages, the appeals court followed the lead of courts across the country, which have granted stays of similar rulings at either the district or appellate level until appeals can decide the issue.

Indiana law defines marriage as between a man and a woman, and the state has refused to recognize same-sex marriages performed in states where it is legal. Young wrote in his ruling that such restrictions violated the Equal Protection Clause of the U.S. Constitution and noted that courts across the country have agreed.

"In time, Americans will look at marriages of couples such as Plaintiffs, and simply refer to it as a marriage — not a same-sex marriage," he wrote. "These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands we treat them as such."

Young's ruling allowed same-sex couples to file joint tax returns, receive pension benefits and have their partners listed as spouses on death certificates.

But how the stay will affect them remains to be seen. Legal experts say couples may need to enlist legal help to sort through the process.

Falk said he believes the marriages are still valid.

"If it's a valid marriage when you enter into it, it should stay valid," he said.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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