IU law professor weighs in on court’s decision to halt gay marriage

INDIANAPOLIS (WISH)  – The United States Court of Appeals in Chicago granted a stay to stop same-sex marriage in Indiana, which means county clerk offices across the state won’t be able to issue same-sex marriage licenses from now on. An Indiana University law professor claims this stay was expected.

Dr. David Orentlicher, professor at the McKinney School of Law, told 24-Hour News 8 that he expects a resolution in favor of same sex marriage sooner rather than later.

Dr. Orentlicher said he’s a bit surprised at just how quickly the political tide is changing around this issue. He pointed out in 2008 even Democratic candidates avoided the issue and it wasn’t until 2012 that President Obama came out in support of same-sex marriage.

Now, just two years later, the Supreme Court is poised to hear cases on this issue. He says the fact that a stay was ordered in Indiana on Friday is not at all unusual. It’s happened in more than a dozen other states where the law is being challenged.

Dr. Orentlicher said when it comes to an issue as important as this, the feeling is to stay with status quo until there’s a ruling.

“These decisions, where they’re striking down same-sex marriage bans, are in red and blue states. It’s not just in coasts anymore, we’re seeing it in the heartland and Utah,” Dr. Orentlicher said.

Orentlicher said judges have already heard all the arguments about this issue and they know how they feel. He expects the state will have a ruling on this issue by this time next year.

“It’s pretty clear it’s a matter of when, not whether, I don’t think anyone in Vegas would be betting against this one. Now, the question is how soon it will happen,” he said.

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