7th Circuit Affirms Indiana And Wisconsin Trial Court Decisions Striking Down Same-Sex Marriage Bans

The Seventh Circuit Court of Appeals wasted no time in rapidly handing down its opinion affirming separate district court rulings in Indiana and Wisconsin striking down the respective states' laws barring same-sex couples from legally marrying under state law. Judge Richard Posner, a Reagan appointee to the court, wrote the opinion for the three-judge panel in Baskin v. Bogan, which was joined by Judge Ann Williams and Judge David Hamilton. The Court's opinion, in short, relies on the equal protection arguments a majority of the Supreme Court relied upon last year in U.S. v. Windsor in striking down a key provision of the federal Defense of Marriage Act. Today's decision affirms the lower court decisions in Indiana and Wisconsin invalidating their Defense of Marriage laws and enjoining the states from preventing officials from issuing marriage licenses to same-sex couples. The Court's stay pending appeal, however, remains in place. The opponents of same-sex marriage will likely appeal today's decision to the U.S. Supreme Court, if not at least an en banc review of the three-judge panel decision.

UPDATE: Gov. Mike Pence's office released the following statement in reaction to today's opinion:

“I’m grateful for the efforts of the Attorney General to defend Indiana's marriage laws before the 7^th Circuit Court of Appeals.  I have instructed my General Counsel to carefully review this decision. While I continue to hope that the right of the state of Indiana to enact laws concerning the institution of marriage will be upheld when this matter reaches the Supreme Court of the United States, Hoosiers may be assured, as my administration has done throughout this case, we will continue to uphold the rule of law in all executive branch operations as this matter moves to the highest court in the land."