Hoosier same sex couples say they're celebrating a victory for love after the 7th Circuit Thursday ruled, in strong language, that Indiana's same sex marriage ban is unconstitutional.
In his opinion upholding a district court ruling, Judge Richard Posner says Indiana's government gives no reason to think there's a "rational basis" for denying same sex couples the right to marry.
"(T)he 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 laughable, that it cannot be taken seriously," Posner wrote.
Attorneys representing those couples say the effects of the ruling are still on hold as the case is expected to continue.
Greg Hasty and CJ Vallero got married in the short window of time after the district court allowed same sex marriage in Indiana and before that ruling was put on hold. Hasty says he and Vallero are celebrating…even though the ruling doesn't end the fight for legal recognition of their marriage.
"Every time we have these decisions, it adds a little more joy to the day that we had together and we'll keep pushing forward until it's finally recognized," Hasty says.
Steven Stolen and his husband Rob MacPherson married in California and want Indiana to recognize their marriage. Stolen says the court rulings are about more than just legal definitions.
"How about our 16-year-old daughter, who has been with us from the day she came out of…was at the hospital, can say that her parents are married?" Stolen says. "How about the dignity and the joy of that?"
Tara Betterman-Layne and her wife Melody were married in New York in 2012 and want Indiana to recognize their marriage. Tara says she's anxious for the legal battle to end.
"I don't think that anyone could ask for it to move any faster than it has but I think that with each decision, as a couple, my marriage feels more cemented," Tara says.
In a statement, Senate President Pro Tem David Long says he's not surprised by the 7th Circuit's ruling but still believes marriage should be decided on a state by state basis. Â Long urges the U.S. Supreme Court to rule quickly on the issue to avoid what he calls "chaos and uncertainty" created by several different rulings.
Indiana Attorney General Greg Zoeller says the state will seek a stay, pending review of the case from the United States Supreme Court.
"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," Zoeller says. "Since the Supreme Court has already issued stay orders in two Circuit decisions, it seems appropriate that today's decision also be stayed. Â Hopefully, for the interests of everyone on both sides of these cases, the Supreme Court will make a ruling sooner rather than later."
The unanimous ruling from the three-judge panel of the 7th Circuit Court of Appeals upholds the June 25th order from U.S. District Judge Richard Young.
Young ruled that Indiana‘s ban on same-sex marriage violated the U.S. Constitution‘s equal protection clause, and hundreds of couples got married over the next two days until the 7th Circuit put the order on hold pending the appeal.
