June 30, 2014

Status Of Same-Sex Marriages Still Up In The Air

The status of marriages between same-sex couples in Indiana is still up in the air. A federal appeals court Friday stopped same-sex marriages until the state’s appeal can be heard.  Couples could be in legal limbo for weeks or even months as the courts work to sort it out. 

Last Wednesday, U.S. District Court Judge Richard Young ruled Indiana’s ban on same-sex marriage unconstitutional.  Within hours, couples across the state were getting legally married.  Two days later, the 7th Circuit Court of Appeals issued a stay of the decision until the appeals process is finished.  That’s left couples who got married in between those two rulings unsure of the legal standing of their unions. 

Indiana University law professor David Orentlicher says there is certainty when it comes to federal recognition.

“Whether it’s tax returns for next year or it’s pension benefits – anything that’s regulated by federal law, the Obama administration has said they will be treated as legally married.”

But the Indiana Attorney General’s office says recognition of those marriages by the state is still undetermined, and that a court may have to sort out the issue.

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