Appeals court puts ruling overturning Indiana’s same-sex marriage ban on hold

June 27

A federal appeals court put on hold Friday a judge’s ruling striking down Indiana’s ban on same-sex marriage, pending an appeal of the case.

The 7th Circuit Court of Appeals in Chicago took the action after Indiana’s attorney general asked for a stay of the ruling by the U.S. district judge who Wednesday ruled that the state’s same-sex marriage ban was unconstitutional and ordered officials to start issuing marriage licenses.

The move by the appeals court came after officiants in Marion County, which includes Indianapolis and is the most populous county in Indiana, performed 120 weddings of same-sex couples Friday alone, Angie Nussmeyer, spokeswoman for the county clerk’s office, said in an e-mail.

In making the ruling to strike down Indiana’s ban on same-sex marriage, District Court Chief Judge Richard Young on Wednesday said the state’s ban violated the 14th Amendment’s due process and equal-protection clauses.

The decision by the 7th Circuit Court of Appeals followed similar moves by other federal appeals courts to put on hold lower court rulings granting gay men and women the right to marry until the issue can be decided on appeal.

On Wednesday, the Denver-based 10th Circuit Court of Appeals ruled that Utah could not ban same-sex couples from marrying, but it put its decision on hold pending an anticipated appeal, and the state attorney general’s office said it would appeal to the U.S. Supreme Court.

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