In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.
The federal appellate court in Chicago will hear arguments in Indiana’s and Wisconsin’s same-sex marriage cases Aug. 26. The court added the day to its calendar especially for the marriage lawsuits.
The parties in the Indiana case will start the court session at 9:30 a.m. (CDT).
Three cases from Indiana – Baskin, et al. v. Bogan, et al., brought by Lambda Legal; Fujii, et al. v. Commissioner, et al., brought by the American Civil Liberties Union of Indiana; and Lee, at al. v. Abbott, et al., brought by a group of attorneys led by William Groth – were consolidated and will be presented in one argument.
Since three cases are challenging Indiana’s law, Ken Falk, legal director of the ACLU of Indiana, said splitting the arguments between different attorneys made sense. He has shared arguments in other cases but Falk admitted the practice is “relatively rare.”
Falk and Camilla Taylor, marriage project director for Lambda Legal, will argue on behalf of the Indiana same-sex couples. Taylor will be at the podium for eight minutes and Falk for 12 minutes.
Prior to their appearance at the 7th Circuit, the same-sex couples’ attorneys will be mooting the case in a videoconference.
Indiana Solicitor General Thomas Fisher, who has defended the state’s marriage law since the lawsuits were filed in March, will deliver the argument for the state.