FORT WAYNE, Ind. (WANE) – After the 7th Circuit Court of Appeals ruled Indiana’s gay marriage ban unconstitutional Thursday, Ken Falk, Legal Director for American Civil Liberties Union of Indiana, and Greg Zoeller, Indiana Attorney General, responded to the ruling.
Judge Posner issued the opinion. In part, he states: “The only rationale that the states put forth with any conviction – that same-sex couples and their children don’t need marriage because same-sex couples can’t produce children, intended or unintended – is so full of holes that it cannot be taken seriously.”
Falk released this statement Thursday evening after the ruling came down: “We are ecstatic that the court recognized what we have always maintained: That there is absolutely no justification for treating same-sex couples any differently than loving couples of opposite genders.
“Zoeller said he would appeal to the U.S. Supreme Court and released this statement: “It seems clear that a final resolution of the constitutional issues involving states’ authority over their marriage licenses will need a decision from our nation’s highest court.” He continued: “Hopefully, for the interests of everyone on both sides of these cases, the Supreme Court will make a ruling sooner rather than later.”
The decision was unanimous among the three federal appeals judges In spite of the ruling, a stay on the ruling is still in effect, meaning gay couples are still not allowed to get marry in Indiana. Zoeller said he will request an extended stay on Thursday’s ruling until the matter is heard by the Supreme Court. Justice Elena Kagan will make the decision on the stay.