Lindsey Erdody and Rachel Bunn, Herald-Times
On Tuesday, Indiana’s ban on same-sex marriage will continue its whirlwind process through the court system, which may see it land at the feet of the nation’s highest court when it reconvenes in October.
A three-judge panel of the U.S. 7th Circuit Court of Appeals is scheduled to hear oral arguments in the Indiana and Wisconsin same-sex marriage cases Tuesday morning in Chicago, and many expect the court to follow in the footsteps of the U.S. 10th Circuit Court of Appeals and the 4th Circuit, which upheld lower court rulings overturning state bans on gay marriage.
"The 7th Circuit would seem like a real outlier if it came to a different conclusion," Indiana University associate law professor Steve Sanders said.
For Sanders’ money, the safe bet is in favor of gay couples.
"That would not be a foolish prediction, but it's obviously not a lock," he said.
As soon as the Indiana lawsuit reached the appellate court, an expedited schedule was set. Initially, oral arguments were scheduled for Aug. 12 — less than two months after U.S. District Judge Richard Young's ruling.
"Which was crazy fast," said Jane Henegar, executive director of the American Civil Liberties Union of Indiana.
The Wisconsin case was combined with Indiana's in July, and the schedule was adjusted, but still is moving faster than usual for federal court.
"Normally, the court would have no oral arguments during the month of August," Henegar said.