Stay Granted for Same-Sex Marriage Ruling
The U.S. 7th Circuit Court of Appeals in Chicago has granted the State of Indiana’s emergency motion for stay in the recent ruling on Indiana’s marriage law. This means the order Wednesday, June 25 by U.S. District Court Richard L. Young, finding Indiana’s marriage definition unconstitutional, is now halted, pending resolution of this appeal in the 7th Circuit. County clerks will be notified that under the stay granted Friday, June 27, Indiana’s marriage laws are again fully in force pursuant to the 7th Circuit’s order.
The 7th Circuit issued the stay approximately two hours after the Indiana Attorney General’s Office - state government’s lawyer - filed the motion. During the stay of the district court’s ruling, the parties will have the opportunity to submit their arguments to the 7th Circuit in the appeal of the underlying lawsuits challenging Indiana’s marriage law, but Chief Judge Young’s order of June 25 will not be in effect.
EARLIER:
INDIANAPOLIS - As the State’s appeal of a federal judge’s ruling against Indiana’s marriage law continues, the Indiana Attorney General’s Office has asked a federal appeals court to weigh in and decide whether the lower court’s order will be stayed or not during the appeal. The AG’s Office noted the confusion and inconsistency for the public that has occurred since Wednesday as most county clerks are issuing marriage licenses to - and performing marriages for - same sex couples, but a few clerks are not. After the U.S. District Court’s ruling Wednesday finding Indiana’s marriage law unconstitutional, the Attorney General’s Office filed an emergency motion for stay, expecting the district court would rule upon it immediately. That has not yet happened, so the AG’s Offi