INDIANAPOLIS (AP) — A federal appeals court on Friday put
on hold a judge’s order striking down Indiana’s gay marriage ban,
bringing same-sex marriages to a halt and leaving those who’ve already
tied the knot in legal limbo.
The U.S. 7th Circuit Court of
Appeals in Chicago issued the order two days after U.S. District Judge
Richard Young had ruled that Indiana’s prohibition on same-sex marriage
was unconstitutional. The decision came shortly after Indiana Attorney
General Greg Zoeller, tired of waiting for Young to rule, appealed to
the 7th Circuit.
Zoeller’s spokesman, Bryan Corbin, said the
attorney general’s office would immediately let county clerks know about
the decision. The Marion County clerk’s office in Indianapolis, which
handed out 120 marriage licenses to same-sex couples on Friday, had
planned to open on Saturday to issue licenses, but announced after the
ruling that it would not.
Ken Falk, legal director of the American
Civil Liberties Union of Indiana, said he was disappointed but not
surprised by the stay. Hoosiers Unite for Marriage spokesman Kyle
Megrath said the group had delivered more than 12,000 petition
signatures asking Zoeller not to pursue any appeals.
"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," Megrath said.
The attorney general’s office
argued it was premature to require Indiana to change its definition of
marriage until the U.S. Supreme Court weighs in on the issue, as is
widely expected.
In staying Young’s order requiring the state to
allow same-sex marriages, the appeals court followed the lead of courts
across the country, which have granted stays of similar rulings at
either the district or appellate level until appeals can decide the
issue.
Indiana law defines marriage as between a man and a woman,
and the state has refused to recognize same-sex marriages performed in
states where it is legal. Young wrote in his ruling that such
restrictions violated the Equal Protection Clause of the U.S.
Constitution and noted that courts across the country have agreed.
"In
time, Americans will look at marriages of couples such as Plaintiffs,
and simply refer to it as a marriage — not a same-sex marriage," he
wrote. "These couples, when gender and sexual orientation are taken
away, are in all respects like the family down the street. The
Constitution demands we treat them as such."
Young’s ruling
allowed same-sex couples to file joint tax returns, receive pension
benefits and have their partners listed as spouses on death
certificates.
But how the stay will affect them remains to be
seen. Legal experts say couples may need to enlist legal help to sort
through the process.
Falk said he believes the marriages are still valid.
"If it’s a valid marriage when you enter into it, it should stay valid," he said.