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7th Circuit Strikes Down Same-Sex Marriage Ban, Indiana Files Appeal - Litigation News

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Litigation News


Posted on: Sep 10, 2014

On September 4, the U.S. Seventh Circuit Court of Appeals issued a unanimous decision to strike down the same-sex marriage bans in Indiana and Wisconsin. On September 9, the state of Indiana filed an appeal to that ruling with the U.S. Supreme Court.

There were three cases before the 7th Circuit Court from Indiana: Baskin v. Bogan, Fujii v. Governor and Lee v. Abbott. There was also one case from Wisconsin before the court: Wolf v. Walker.

The 7th Circuit Court's decision was written by Justice Richard Posner and can be read in its entirety here.

To read a blog post that takes a closer look at the opinion, click here. The post highlights characteristics of an opinion that the writer describes as, "...a fantastic exemplar of writing that simplifies complex legal arguments in a sophisticated and accessible way."

Indiana filed its appeal with the U.S. Supreme Court less than a week after the 7th Circuit Court's decision was made. Attorney General Greg Zoeller stated:  "Less than six months after my office first entered our appearance in trial court to defend our state client from this lawsuit, our case now is knocking on the door of the United States Supreme Court, timing that is lightning speed by the standards of the federal court system. Our state, nation and all persons involved need a final, unambiguous and conclusive answer from the Supreme Court on the legal authority of states to license marriages, and we ask the Court to take up this question through either our case or another case at its earliest opportunity and end the uncertainty."

Content submitted by Stephen J. Peters, Harrison & Moberly LLP. If you would like to write for the Litigation section page or submit content to be shared, please email Mary Kay Price at mprice@indybar.org.

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