“We’re obviously disappointed, although I have to tell you we’re not terribly surprised, as has been pointed out repeatedly in every case where marriage restrictions have been struck down, and there are 14 or 15 of them. We were hopeful this would be a case where there would not be a stay because obviously we’re extremely disappointed for the many, many, many Hoosiers who were planning to get married the next few days,” Falk said.
The stay will last the duration of the appeal, at which time a federal judge will make a ruling whether a ban on same sex marriage is or is not unconstitutional.
Falk said there are plenty of gay marriage cases ahead of Indiana that will take priority in the Supreme Court. He says there’s no telling if the Supreme Court will hear any of them.
“I’m very optimistic. We have, as I’ve said, 14 or 15 federal courts in the last year reviewing the same law, coming to the exact same conclusion that this is unconstitutional and that there is no difference between a heterosexual marriage and a marriage between persons of the same gender. It’s still marriage and this case has done nothing other than reinforce the fact that marriage is fundamentally important and it merely has made marriage better, made it more open to other persons,” Falk said Friday evening.
By the first week of October, the Supreme Court should announce if they will take the first case already in line.