The State Supreme Court has denied the Attorney General’s request to skip the first step in the appeals process in the legal battle over when the same-sex marriage ban should appear on the ballot. The ruling by the Supreme Court means the Attorney General will have to appeal Cole County Circuit Judge Richard Callahan’s ruling first to the state appeals court. An appellate court ruling could then be appealed to the Supreme Court. The Attorney General had appealed the Callahan’s ruling directly to the Supreme Court. Callahan has ruled Secretary of State Matt Blunt does not have to act on Governor Holden’s request that the issue be placed on the August primary ballot. Callahan noted in his ruling handed down late this morning that the Secretary of State is not actually in receipt of the official resolution approved by the legislature, because legislative leaders have refused to sign it. The Attorney General argues that isn’t necessary for the Secretary of State to act.
