Saying that his state’s ban on same-sex marriage does not target homosexuals, Indiana Attorney General Greg Zoeller today asked the Supreme Court to overturn the Seventh Circuit Court’s ruling.
“Less than six months after my office first entered our appearance in trial court to defend our state client from this lawsuit, our case now is knocking on the door of the United States Supreme Court, timing that is lightning speed by the standards of the federal court system. Our state, nation and all persons involved need a final, unambiguous and conclusive answer from the Supreme Court on the legal authority of states to license marriages, and we ask the Court to take up this question through either our case or another case at its earliest opportunity and end the uncertainty,” Indiana Attorney General Greg Zoeller said in a news release following the filing Tuesday. The plaintiffs in the original case, represented by the American Civil Liberties Union, will file their reply to the Supreme Court Tuesday afternoon. “We would, of course, prefer that the State not seek review and abide by the decision. However, having done so, we will respond that the Court should accept the case and affirm the 7th Circuit,” said ACLU Legal Director Ken Falk.
From Zoeller’s brief: “The court does not, and cannot, justify the assertion that Indiana’s definition of marriage targets homosexuals. The statue itself makes no mention of sexual orientation, and as the case record in this case amply demonstrates, homosexuals often do marry members of the opposite sex in Indiana.”