Broader decision on Indiana same-sex marriage ban could be coming

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Gay marriage supporters hope the tide will continue in their favor. Bans have been struck down in five states since Indiana‘s ban was argued in federal court in early April. Those states are Arkansas, Idaho, Oregon, Pennsylvania and Wisconsin.

Amy Sandler and Niki QuasneyLambda Legal

Amy Sandler and Niki Quasney

“We are certainly optimistic that Indiana’s marriage ban will be struck down as unconstitutional,” said Paul Castillo, an attorney for the national gay rights group Lambda Legal, which represents five couples challenging Indiana’s same-sex marriage ban.

Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller, declined to speculate on the timing of a stay or a ruling.

“It is up to the court to determine in what order it rules on the motion for stay and motions for summary judgment. We cannot speculate as to the sequence or timing,” Corbin said.

This year, laws banning same-sex marriage have been thrown out in a dozen states, a trend Young took note of when he ordered Indiana to recognize Sandler and Quasney’s marriage.

“The court is not persuaded that, at this stage, Indiana’s anti-recognition law will suffer a different fate than those around the country,” Young wrote at the time.

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Attorneys for both sides expect the lawsuit and several like it throughout the country to eventually land before the U.S. Supreme Court. Rulings striking down gay-marriage bans in Michigan, Oklahoma, Utah and Virginia are already being appealed.

Castillo said it’s important for the Supreme Court to rule on gay marriage “because we currently have a patchwork of laws.”

“We need consistency across the country,” he said.

Follow this case: Baskin v. Bogan.

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