INDIANAPOLIS | Despite Thursday's federal appeals court ruling that Indiana's prohibition on same-sex marriage is unconstitutional, gay Hoosiers still may have to wait nearly a year or more before they can walk down the aisle.
The 3-0 decision by the 7th Circuit Court of Appeals in Chicago invalidating Indiana's ban on gay marriage and requiring the state to recognize same-sex marriages performed elsewhere does not take effect until the court issues a mandate.
Until then, the stay imposed by the appellate court June 27 -- which halted the rush of same-sex marriages following U.S. District Judge Richard Young's June 25 ruling that Indiana's ban is unconstitutional -- remains in effect.
Republican Attorney General Greg Zoeller already has indicated he will ask the U.S. Supreme Court to postpone the effective date of the appellate court's mandate while he prepares an appeal to the nation's high court.
"Since the Supreme Court has already issued stay orders in two circuit decisions, it seems appropriate that (Thursday's) decision also be stayed," Zoeller said. "Hopefully, for the interests of everyone on both sides of these cases, the Supreme Court will make a ruling sooner rather than later."
The Supreme Court begins its nine-month term in October. The nine justices are expected to soon decide whether they will review appellate court decisions striking down gay marriage bans in Utah and Virginia.
Zoeller's appeal of the the 7th Circuit decision, which legalized gay marriage in Indiana and Wisconsin, could be consolidated with those cases. But even if it is not, a Supreme Court ruling in the Utah or Virginia cases would apply nationwide.
However, since the Supreme Court typically saves its most controversial rulings for the end of its term, a final decision from the high court isn't expected before June.