September 9, 2014

State Takes Same Sex Marriage to Supreme Court

State Takes Same Sex Marriage to Supreme Court

Indiana Attorney General Greg Zoeller announced Tuesday the state is appealing the 7th Circuit Court’s ruling that Indiana’s same sex marriage ban is unconstitutional.

People on both sides of the issue are ready for the nation’s highest court to provide clarity on the definition of marriage.

Four other states are filing federal court appeals to reverse decisions that struck down their traditional marriage laws.  Wisconsin also filed its appeal, Tuesday.

Indiana University Law Professor Jennifer Drobac says having this many push for a decision at the highest court points to the magnitude of the case.

"It says to the court that this issue is a burning national controversy and that people need guidence and that the issues have been fully vetted at the state level," she said.

But, she thinks Indiana has an uphill climb getting the 7th Circuit decision overturned.

"I think that the court is going to have a difficult time given what's going on across the nation in interpreting our United States Constitution to say anything other than the fundamental right to marry needs to be more broadly recognized," said Drobac.

On September 29th, the Supreme Court will decide which cases it will hear next session.  The term then runs from October to June.

The Attorney General’s Office also is asking the 7th Circuit to extend the stay it issued in June. 

Drobac says that means it’s unlikely the state will recognized same sex marriages until a decision is made by the Supreme Court.

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