Indiana AG asks judge to stay gay marriage order

Attorney General Greg Zoeller (WISH Photo)
Attorney General Greg Zoeller (WISH Photo)

INDIANAPOLIS (AP/WANE) — 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.

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.

“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,” Zoeller wrote in his motion.

The state says it’s urgent that Young stop the same-sex marriages before a final decision on the issue.

Many counties were issuing marriage licenses to same-sex couples on Wednesday, following the judge’s ruling. Some counties were not issuing them for a variety of reasons.

As of 6 p.m. Wednesday, the judge had not ruled on Zoeller’s motion for stay.

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