Indiana Attorney General Greg Zoeller announced Tuesday the state is appealing the 7th Circuit Court’s ruling that Indiana’s same sex marriage ban is unconstitutional. People on both sides of the issue are ready for the nation’s highest court to provide clarity on the definition of marriage.
Four other states are filing federal court appeals to reverse decisions that struck down their traditional marriage laws. Wisconsin also filed its appeal Tuesday.
Indiana University Law Professor Jennifer Drobac says having this many push for a decision at the highest court points to the magnitude of the case. "It says to the court that this issue is a burning national controversy, and that people need guidance, and that the issues have been fully vetted at the state level," says Drobac.
But, she thinks Indiana has an uphill climb getting the 7th overturned.
"I think that the court's going to have a difficult time given what's going on across the nation in interpreting our United States constitution," says Drobac, "to say anything other than fundamental right to marry needs to be more broadly recognized."
On September 29th the Supreme Court will decide which cases it will hear next session. The term then runs from October to June. The Attorney General’s Office also is asking the 7th Circuit to extend the stay it issued in June.
Drobac says that means it’s unlikely the state will recognize same sex marriages until a decision is reached by the Supreme Court.
