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State asks 7th Circuit to stay same-sex marriage ruling

September 10, 2014

The Indiana attorney general’s office Wednesday asked the 7th Circuit Court of Appeals to stay its Sept. 4 order striking down Indiana’s ban on same-sex marriage.

The order, which also invalidated Wisconsin’s same-sex marriage ban, would not be implemented until the 7th Circuit issues a mandate, which would automatically occur 21 days after the ruling without a request that the stay be extended, according to the AG’s office.

The motion filed on behalf of the state and Boone County Clerk Penny Bogan seeks to delay implementation of the order in Baskin et al. v. Bogan et al. until the Supreme Court of the United States issues a ruling on same-sex marriage.

The state appealed the Baskin ruling Tuesday, and the Supreme Court added same-sex marriage to its Sept. 29 conference.

“The state’s motion also notes the confusion that briefly ensued in Indiana’s 92 county clerk’s offices between June 25 – when a U.S. District Court judge issued the first order invalidating the marriage-definition statute – and June 27, when the 7th Circuit stayed that order,” said Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller.

The motion notes some county clerk’s offices granted marriage licenses to same-sex applicants before the 7th Circuit imposed the stay, but others did not. The state argues maintaining the stay until the Supreme Court rules conclusively in multiple states’ appeals would prevent chaos and legal uncertainty for clerks and license applicants.

Along with the Indiana and Wisconsin cases, the Supreme Court also is reviewing appeals from Oklahoma, Utah and Virginia.
 

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