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Sunday, July 20, 2014

Ind. Decisions - Indiana's Anticipatory Motion for Stay of Judgment Pending Appeal in pending same-sex marriage lawsuit

Of the five same-sex marriage cases filed in Indiana federal court in March, one, Bowling v. Pence, has not yet been decided by Judge Young.* Here is the complaint in that case, which seeks recognition of same-sex marriage performed in other jurisdictions. Last Monday, July 14th, the Indiana Attorney General filed this "Anticipatory Motion for Stay of Judgment Pending Appeal." (h/t Equality Case Files), that begins:

In anticipation of final judgment against one or more of them, and pursuant to Federal Rule of Civil Procedure 62(c), Defendants Michael Pence, Greg Zoeller, Michael Alley, and Anita Samuel respectfully move this Court to stay the enforcement of all judgments, injunctions, and declaratory or other relief contemporaneously with the issuance of this Court’s final judgment, pending appeal to the United States Court of Appeals for the Seventh Circuit. A stay in this case is warranted because on June 27, 2014, the Seventh Circuit stayed this Court’s final judgment, including all injunctive and declaratory relief granted by this Court, in the related cases Baskin v. Bogan , No. 1:14-cv-355-RLY-TAB, Fujii v. Governor , No. 1:14-cv-404-RLY-TAB, and Lee v. Pence , No. 1:14-cv-406-RLY-MJD. See Baskin, et al. v. Bogan, et al. , Nos. 14-2386, 14-2387, 14-2388 (7th Cir. June 27, 2014) (order granting stay of all relief and ceasing recognition of all same-sex marriages in Indiana pending appeal).
* In Love v. Pence, Judge Young dismissed the suit on June 25th (the same day that he ruled in the three others), on the basis that Gov. Pence was not the appropriate defendant.

Posted by Marcia Oddi on July 20, 2014 12:41 PM
Posted to Ind Fed D.Ct. Decisions