ILNews

Court puts Indiana gay marriage ruling on hold

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT