7th Circuit stays same-sex marriage decisions

September 15, 2014

The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.

The state filed the motion Sept. 10 asking the appeals court to stay its Sept. 4 order striking down Indiana’s ban on gay marriage. It was filed on behalf of the state and Boone County Clerk Penny Bogan and seeks to delay implementation of the order in Baskin, et al. v. Bogan, et al., to allow gay marriages until the Supreme Court of the United States issues a ruling on same-sex marriage.

Chief Judge Richard Young in the Southern District of Indiana ruled in June the state’s marriage law is unconstitutional regarding same-sex marriages. The state appealed, and the 7th Circuit affirmed the decision Sept. 4.

Monday’s decision applies to Baskin, Fujii v. Commissioner of the Indiana State Department of Revenue, and Lee v. Pence. The mandate is stayed pending final disposition for writ of certiorari.

“The stay will terminate automatically if the certiorari petition is denied or will terminate upon the judgment of the Supreme Court if the certiorari petition is granted,” the court docket states.

The Indiana attorney general filed a petition for writ of certiorari with the U.S. Supreme Court Sept. 9. The high court will consider the Indiana cases and others at its Sept. 29 conference.


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