June 27, 2014
The pace of updates in the Indiana same-sex marriage case has slowed down since a federal district court struck down the state’s ban. But there have been a few developments.
- The state is asking the district court for a stay of the ruling.
- The state has also filed its notice of appeal to the Seventh Circuit Court of Appeals, where, presumably, the stay request would be appealed if the district court denies it.
- People are getting married in the state, and you can watch video and see photos here.
- More photos here.
- Opposition to stay in Baskin is here.
- Opposition to stay in Fujii is here.
- State’s motion for stay in Lee is here.
- The Seventh Circuit Court of Appeals has consolidated the three cases and set a briefing schedule. The order is here. Briefing will be completed by September 19.
- In the challenge to Indiana’s ban still in district court, Bowling v. Pence, the plaintiffs have filed their motion for summary judgment, along with their opposition to the motion for summary judgment that was filed by the state.
UPDATE 4:35PM ET: The state has filed a request for an emergency stay in the Seventh Circuit. No action has been taken in district court yet, but the state argues that waiting on the district court to act is “impracticable”:
As of 4:00 PM EDT (1:00 PM CDT) today, June 27, 2014, nearly 48 hours after Defendants filed their emergency motions for stay, and nearly 36 hours after the Baskin Plaintiffs filed a response, the district court has not ruled on Defendants’ emergency motions or scheduled a hearing on those motions. Under these circumstances, where Defendants filed emergency motions for stay but no stays have been entered, and where chaos surrounding administration of Indiana’s marriage laws has emerged in the wake of the district court’s June 25 injunction (see Part I infra), the district court has “failed to afford the relief requested” and awaiting district court action on Defendants’ emergency motion has become “impracticable.” See Federal Rule of Appellate Procedure 8(a)(2)(A)(i) and (ii).
UPDATE 6:03PM ET: The Seventh Circuit has granted the request for an emergency stay. The order is here.
EqualityOnTrial will post updates as this story develops…
Thanks to Kathleen Perrin for these filings