Hoosier Couples Face Uncertainty As Supreme Court Takes On Same-Sex Marriage

The U.S. Supreme Court Friday agreed it will rule on the validity of same sex marriage in all 50 states. The Court’s move creates the possibility that gay marriage could become illegal in Indiana, once again.

In October, the Supreme Court opted not to hear appeals in several same sex marriage cases, allowing gay marriages to proceed in 11 states.  But since then, the 6th Circuit upheld gay marriage bans in Ohio, Michigan, Kentucky and Tennessee, becoming the only federal appeals court to do so. 

ACLU-Indiana legal director Ken Falk says the 6th Circuit’s decision essentially forced the Supreme Court into taking on the issue.  He says if the nation’s high court allows states to decide the issue of marriage, Indiana could reinstate its gay marriage ban.  But Falk says he doesn’t see it going that way.

“There’s a lot that has happened now and we can’t turn back the hands of time," Falk said. "The Court’s not going to be in a position where it, in essence, voids tens of thousands of marriages around the country; that seems untenable.”

After the Supreme Court’s decision in October, Indiana’s traditional marriage supporters expressed hope the justices would revisit the issue.  A final ruling will likely come before the Court’s term ends in June.