July 2, 2014
The Seventh Circuit Court of Appeals has issued an order requiring Indiana to recognize the marriage of one same-sex couple involved in a challenge to the marriage equality ban. A terminally-ill woman’s legal marriage to her spouse will now be recognized by the state pending the outcome of the appeal.
The couple had previously gotten an order from a district court judge requiring recognition, but after the district court struck down the ban entirely, the state sought and received a stay in the Seventh Circuit. That stay didn’t carve out any exceptions, so the couple’s marriage was included until yesterday’s order.
Lambda Legal has more:
The Seventh Circuit issued its order after Lambda Legal filed an emergency motion asking the appeals court to lift—as to Niki and Amy—the stay granted by that court last Friday, because Niki is battling Stage IV ovarian cancer, and the family needs the dignity, comfort, and protections of marriage as they fight to be together.
Paul D. Castillo, Staff Attorney for Lambda Legal, said:
It is time for the State of Indiana to leave Niki and Amy in peace and not subject them and their marriage to any more stress and uncertainty as this case proceeds. We’re thrilled that the court ruled in favor of this family as Niki battles stage four ovarian cancer. We will continue to fight until no family in Indiana needs to worry about their marriage being stripped away from them and all Hoosiers have the freedom to marry.
The Seventh Circuit has fast-tracked the briefing schedule in the case: the opening brief is due July 15, and briefing will be completed by August 5.
Thanks to Kathleen Perrin for these filings