July 17, 2014
The Seventh Circuit Court of Appeals has cancelled oral arguments to consider cases challenging Indiana and Wisconsin’s marriage equality bans, just a few days after it set those arguments for August 13.
The court gave no clear explanation for its action, issuing an order that was only one sentence long:
The court, on its own motion, ORDERS that the oral argument in this appeal, scheduled for Wednesday, August 13, 2014, is VACATED. A new oral argument date will be set by separate court order.
We will keep an eye out for another order and update here on the site when the arguments are rescheduled.
In other appellate news, Utah has asked the U.S. Supreme Court for an emergency stay of a Tenth Circuit ruling that struck down its marriage equality ban last month. The Tenth Circuit put its own temporary stay on its decision as long as the case is before the Supreme Court, but a separate decision issued by a district court judge in May ordered Utah to recognize the more than 1,000 marriages that were entered into in that state in December. That judge stayed his decision only until this coming Monday.
“Both the district court and a divided 10th Circuit have denied Applicants’ requests for a full stay pending appeal, although the 10th Circuit has granted a temporary stay that will expire at 10:00 a.m. Eastern Daylight Time on Monday,” the Utah motion filed Wednesday says.
The state’s emergency application was directed towards Justice Sonia Sotomayor, with a request that she seek the input of the full court if she chooses not to issue the stay.
Utah plans to file petition with the Supreme Court seeking review of the Tenth Circuit’s order.