As expected, The 7th Circuit Court of Appeals has stayed its decision on gay marriage in Indiana.
Indiana Attorney General Greg Zoeller requested a stay of mandate after the court determined Indiana’s ban on same sex marriage was unconstitutional. The state submitted the request September 10, asking to hold Indiana’s marriage law in place pending a decision from the U.S. Supreme Court.
The stay request was made after the cert petition asking the high court to hear Indiana’s case was submitted. While the plaintiffs agree the nation’s highest court should hear their case, they requested the Appeals Court deny the stay request and allow their marriages to be recognized.
The Appeals court said the stay would remain in place unless the Supreme Court denies the cert petition. Then it will be terminated and a mandate issued. That could potentially happen after September 29 when the justices meet privately to determine which cases they will hear in their next session. Indiana’s case is on the list for consideration that day.
Should the U.S. Supreme Court decide to hear Baskin vs. Bogan et. al., the stay will remain in effect until the court makes a judgment.
The stay still excludes the marriages of Niki Quasney and Amy Sandler, and now Veronica Romero and Mayra Rivera. Both marriages remain recognized in the state as Quasney and Rivera battle ovarian cancer.