State Appeals Gay Marriage Ban To U.S. Supreme Court

Sep 9, 2014

Indiana is one of four states which filed appeals before a Tuesday deadline which could allow the Supreme Court to hear the case more quickly in its next term.
Credit Matt B. / https://www.flickr.com/photos/netmonkey/

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

People on both sides of the issue say they're 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 guidance and that the issues have been fully vetted at the state level," Drobac says.

But she thinks Indiana has an uphill climb getting the Seventh Circuit decision overturned.

"I think that the court's 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."

On September 19, 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 Seventh 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 by the Supreme Court.