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Indiana’s Marriage Law Up For Debate In Court Of Appeals Tuesday

Posted On August 26, 2014

By Mike Perleberg

marriage-wedding-rings-05102012.jpg(Chicago, Ill.) - Gay marriage supporters and opponents from Indiana and across the country will both have their eyes and ears on the U.S. 7th Circuit Court of Appeals in Chicago Tuesday.

That’s where lawyers for Indiana will look to defend the state law banning gay marriage against three lawsuits filed earlier this year by same sex couples. The Indiana cases are also being heard with a gay marriage challenge out of Wisconsin.

The appellate court will hear oral arguments Tuesday from lawyers on both sides of the issue. A decision won’t come until weeks later.

As is typical, the arguments will be heard by a panel of three of the 10 judges in the 7th Circuit. Indiana Attorney General Greg Zoeller and Wisconsin Attorney General J.B. Van Hollen had asked that the full set of judges hear the case to expedite the case’s progression through the appellate court, but were denied.

In June, U.S. District Court for Southern Indiana Judge Richard L. Young ruled that Indiana’s marriage ban was unconstitutional and issued a ruling immediately stopping the law’s enforcement. The decision led to gay marriages happening across Indiana, including Dearborn County. Three days later, Indiana Attorney General Greg Zoeller requested and was a granted a stay on Young’s ruling by the 7th Circuit Court of Appeals, ending the brief period of legalized marriage for same-sex Hoosier couples.

The Indianapolis Star reports that 32 “friend of the court” briefs have been filed with the 7th Circuit. Eighteen of those arguments have sided with the plaintiffs while 14 others support the state’s marriage law.

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