INDIANAPOLIS — A federal appeals court on Friday put on hold a judge’s order striking down Indiana’s gay marriage ban, bringing same-sex marriages to a halt and leaving those who’ve already tied the knot in legal limbo.
The U.S. 7th Circuit Court of Appeals in Chicago issued the order two days after U.S. District Judge Richard Young ruled that Indiana’s prohibition on same-sex marriage was unconstitutional.
State attorneys had asked for a stay of Young’s ruling while the state appeals. The attorney general’s office argued it was premature to require Indiana to change its definition of marriage until the U.S. Supreme Court weighs in on the issue as is widely expected.
In staying Young’s order requiring the state to allow same-sex marriages, the appeals court followed the lead of courts across the country, which have granted stays of similar rulings at either the district or appellate level until appeals can decide the issue.
Indiana law defines marriage as between a man and a woman, and the state has refused to recognize same-sex marriages performed in states where it is legal. Young wrote in his ruling that such restrictions violated the Equal Protection Clause of the U.S. Constitution and noted that courts across the country have agreed.
“In time, Americans will look at marriages of couples such as Plaintiffs, and simply refer to it
as a marriage – not a same-sex marriage,” he wrote. “These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands we treat them as such.”
Young’s ruling also allowed same-sex couples to file joint tax returns, receive pension benefits and have their partners listed as spouses on death certificates.
But how the stay will affect them remains to be seen. Legal experts say couples may need to enlist legal help to sort through the process.
In Hancock County, a dozen couples filed for marriage licenses after the county clerk received clarification from a court on how to handle language on the state form. Ten couples showed up at the courthouse on Thursday; two more couples filled out the forms on Friday.
They were among hundreds statewide who sought to get married before the state won a stay.