Federal Circuit Court Stops Indiana Same-Sex Marriages
By: Brandon Smith of IPBS
June 27, 2014 — The 7th Circuit Court of Appeals has issued a stay on a lower court ruling that declared Indiana’s ban on same-sex marriages unconstitutional.
The stay essentially stops county clerks from issuing marriage licenses to same-sex couples until an appellate decides on the case.
District Court Judge Richard Young on Wednesday handed down a decision ruling Indiana’s gay marriage ban unconstitutional and ordered counties to license marriages for same sex couples.
Attorney General Greg Zoeller filed a motion with Young, asking him to halt the effects of his ruling until an appeal was heard.
But Young never responded, prompting Zoeller to file an emergency motion with the 7th Circuit.
The appeals court responded almost immediately, granting that stay and prohibiting any future same sex marriages until the appeal is decided.
American Civil Liberties Union-Indiana legal director Ken Falk says the state should recognize the marriages of those same-sex couples who got married before the stay was granted.
“If people do not, then we have to bring litigation as to them not being honored but I do believe they’re valid marriages,” Falk says.
Hooisers Unite for Marriage, a statewide group in support of same-sex couples, released a statement expressing disappointment.
“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,” says the group’s marriage coordinator, Kyle Megrath.
The Attorney General’s office could not comment as to whether same sex marriages licensed before the stay are valid.