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Tuesday, July 01, 2014

Ind. Courts - More on: State ordered by 7th Circuit to respond by noon (CDT) tomorrow to emergency stay motion

Updating yesterday's ILB post, here, via Equality Case Files, is the timely filed response of the State of Indiana to the "Emergency Motion to Lift the Court's Stay in Part" with respect to the Sandler-Quasney plaintiffs. The response states that:

Indiana marriage law, which both the Supreme Court and this Court have indicated should remain in force during the pendency of same-sex marriage appeals, permits no hardship exceptions for recognition of same-sex marriages. Indeed, mindful that this request involves just one couple in very narrow and sympathetic circumstances, and that it is not merely the Court and parties but the general public that is watching this case, the State has extensively researched this matter but can find no provision within our legal system that would allow for some extraordinary relief, or humanitarian exception to the rule of law that would grant what petitioners request. If this Court can find such an exception that would apply, this circumstance surely warrants its use.
After that statement, the State's response stands on its prior arguments, which it appends in full (166 pages total) to the response.

Posted by Marcia Oddi on July 1, 2014 01:40 PM
Posted to Ind. (7th Cir.) Decisions