Indiana’s ban on same-sex marriage was restored by a U.S. appeals court until it decides whether a judge’s ruling that the law is unconstitutional should be reversed.
The order by the U.S. Court of Appeals in Chicago yesterday halts the issuance of marriage licenses to same-sex couples. Indiana Attorney General Greg Zoeller asked the appeals court to put on hold the June 25 ruling by U.S. District Judge Richard L. Young in Indianapolis to avoid confusion if it’s overturned later.
Zoeller, a Republican, said he went to the appeals court because Young hadn’t acted on his request to delay the ruling from taking effect.
“County clerks will be notified that under the stay granted tonight, Indiana’s marriage laws are again fully in force,” Bryan Corbin, a spokesman for Zoeller, said yesterday in an e-mailed statement.
Same-sex marriage has been made legal by popular vote, legislation or court rulings in 27 U.S. states. The U.S. Court of Appeals in Denver on June 25 upheld a Salt Lake City judge’s decision to strike down Utah’s same-sex marriage ban last year, becoming the first federal appellate court to address the issue.
Federal appeals are pending in Chicago, Cincinnati and Richmond, Virginia, along with a second case in Denver. One or more of those cases could be selected for review by the U.S. Supreme Court.
The Denver court’s decision, plus Young’s ruling, extended a streak in which gay-marriage proponents have won 17 state and federal court rulings finding that same-sex couples have a right to get married in a state or that their marriages from other states must be recognized.
More than 100 same-sex couples wed on June 25 in Indianapolis, according to Kenneth Falk, an attorney with the Indiana chapter of the American Civil Liberties Union. Couples wed in Utah and Wisconsin until rulings dissolving those state bans were blocked during appeal.
The appeals court in Chicago will review the Wisconsin and Indiana cases. A copy of the Indiana order was provided by the attorney general’s office and couldn’t be immediately obtained from the court.
Falk said he wasn’t surprised by the appeals court ruling tonight. He said he was disappointed for those who had planned to wed this weekend.
“It’s disheartening,” he said.
The case is Baskin v. Bogin, 14-2386, 14-2387, 14-2388, U.S. Circuit Court of Appeals for the Seventh Circuit (Chicago).