The 7th Circuit Court of Appeals court has denied the state’s request that all 10 of its judges consider the constitutionality of the state’s marriage law.
Instead, the court will move forward with previously scheduled oral arguments on Aug. 26 before an appeals panel of three judges. They will review a lower court’s decision that Indiana’s ban on same-sex marriage is unconstitutional.
The appeals court already has stayed that district ruling, which put that decision — and gay marriages — on hold pending its review.
The Indiana attorney general’s office said moving the review straight to the full court of 10 judges – called en banc – “would be an additional way to more quickly resolve the uncertainty and chaos surrounding these cases.”
But on Friday, attorney general spokesman Bryan Corbin said the procedural ruling is not unexpected.
“We understand that the 7th Circuit generally uses a three-judge panel and generally reserves en banc consideration to review decisions of the panel,” he said.