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Friday, July 11, 2014

Ind. Decisions - "Wisconsin appeals ruling allowing gay marriages"

In this June 29th entry, the ILB pointed out that Wisconsin is on a somewhat parallel track to Indiana with respect to same-sex marriage. Both states are in the 7th Circuit. Wisconsin federal Judge Crabb struck down that state's prohibition on June 6th, Indiana's Judge Young did the same on June 25th.

Judge Young did not stay his order, and it was June 27th that the 7th Circuit issued a stay, in response to a motion from AG Zoeller. The 7th Circuit also expedited the appeal of Young's decision.

Judge Crabb did not issue a final order, so a motion to stay was not in order, until she agreed to a stay on June 13th. Yesterday Scott Bauer of the AP reported:

MADISON, Wis. (AP) — Wisconsin's attorney general on Thursday appealed a federal judge's ruling from last month striking down the state's ban on same-sex marriages as unconstitutional.

U.S. District Judge Barbara Crabb ruled on June 6 that the ban, approved by voters in 2006, was a violation of gay couples' equal protection and due process rights. More than 500 same-sex couples got married in the state before Crabb put her ruling on hold a week later, pending the expected appeal from Republican Attorney General J.B. Van Hollen.

The case now heads to the 7th U.S. Circuit Court of Appeals in Chicago. * * *

The 7th Circuit last month ordered an expedited schedule in Indiana's case, requiring parties to file all of their briefs on motions no later than Aug. 5, with oral arguments to be scheduled a short time later.

Van Hollen had until July 21 to file an appeal, but he said in a statement that the appeals court's decision to speed up the Indiana case led him to do it sooner.

"The goal of our timing is simple: to ensure that Wisconsin is placed on equal footing with Indiana, and that our constitution and laws are given timely consideration by the appellate judges," Van Hollen said in an email. * * *

The Supreme Court is expected to take up the issue when it returns to work in October. On Wednesday, Utah's attorney general decided to bypass a full appeals court and take its case straight to the Supreme Court.

The high court is under no obligation to the take the case, and it could wait for rulings from one or more of the five other appellate courts with gay marriage cases pending.

Posted by Marcia Oddi on July 11, 2014 09:39 AM
Posted to Ind. (7th Cir.) Decisions