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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT