Human rights group objects to Indiana appeal for stay on same-sex marriage ruling
The American Civil Liberties Union (ACLU) in the state of Indiana has objected to the state’s request for an emergency stay to stop same-sex couples from marrying in the state.
US District Judge Richard Young declared that the Indiana Defence of Marriage Act unconstitutional, striking it down.
As the judge did not stay his ruling, couples were able to immediately apply for marriage licenses.
A stay has been sought by Attorney General Greg Zoeller, who wants to stop gay couples from marrying, so the state can appeal.
The petition by the ACLU says “the public interest strongly weighs against the stay.”
“Ultimately the question is what interest does the public in Indiana have in maintaining what this court recognises is profound ‘injustice’?… The Hoosier public has no such interest.”
In its request for a stay, the state notes that other stays have been granted in similar cases while an appeal is started.
Bryan Corbin, spokesman for the Attorney General, said the stay request “is intended to prevent confusion and inconsistency between county clerk’s offices regarding license issuance, while the appeal is pending.”
“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,”wrote the attorney general in the request.
“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.”
