Legal issues still hang over gay marriages in Indiana

June 26th, 2014 at 2:16 pm by under Jim Shella's Political Blog

Same sex marriage is legal in Indiana, but for how long?

It’s a question that hangs over the celebrations that are still being carried out by supporters of marriage equality.

There is a liklihood that gay marriages could be placed on hold in the very near future.

As same sex couples take their vows one after the other it’s hard to ignore the fact that Indiana is heading in a new direction.

“I think it’s pretty fantastic that we’re finally getting somewhere in such a conservative place,” said newlywed Harlan Wilson. “It’s about time that things are turning around.”

But things could turn back just as quickly.  The Attorney General is asking for the ruling by federal judge Richard Young that struck down Indiana’s ban on gay marriage to be put on hold.

Chris Paulsen of Indiana Equality said,  “I wouldn’t be surprised if it is stayed.”

“I think the odds are pretty good,” said  Indiana Uuniversity McKinney School of Law professor David Orentlicher who points to what has happened in other states.

So, what about newlywed same sex couples, will their marriages be recognized?

“We know the federal government has said that they will view these marriages as valid under federal law,” said Orentlicher.

State law is another matter and that’s why Orentlicher believes that the U.S. Supreme Court will step in during the term that begins in October.

“Things are moving so fast,” he said.  “It’s an important issue.  I think it would be hard for the court to say let’s wait on this.”

Orentlicher also has a prediction.  He believes that eventually the Supreme Court will establish gay marriage as the law of the land.

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