INDIANAPOLIS - The Indiana attorney general's office wants a federal judge to stay his ruling striking down the state's prohibition on same-sex marriage while it appeals.
The state filed the request for an emergency stay Wednesday in federal court in Indianapolis after U.S. District Judge Richard Young overturned the state's gay marriage ban. The attorney general's office says it's already filed a notice of appeal with the federal appellate court in Chicago.
Until the United States Supreme Court determines that traditional marriage laws such as Indiana’s are unconstitutional, it is premature to require Indiana to change its definition of marriage and abide by this Court’s conception of marriage. Nonetheless, marriages in violation of Indiana’s existing law have taken place, are taking place, and will continue to take place pursuant to this Court’s order.
Time is of the essence to stop these marriages by staying this Court’s final judgment and all related injunctions pending appeal in order to maintain the historic status quo of man-woman marriage that Indiana and its citizens have adopted. The Court’s final judgment and injunctions threaten irreparable harm to Defendants because it proposes to alter the meaning of marriage in Indiana, but potentially only temporarily, and creates confusion over the meaning of marriage in Indiana.
The stay request says it's premature to require Indiana to change its definition of marriage until the U.S. Supreme Court decides the issue. But it says marriages are already taking place in violation of the ban and are expected to continue.
The state says it's urgent that Young stop the same-sex marriages before a final decision on the issue.