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Same-sex couple’s bid for recognition expedited due to grave illness

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The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.

Nikole Rai Quasney and Amy Melissa Sandler of Munster on Monday asked for a temporary restraining order and preliminary injunction that would enjoin the state from enforcing laws against same-sex marriage. The couple requested an expedited hearing because Quasney, mother of two young children, has stage IV ovarian cancer.

“Because of this aggressive cancer, Niki measures the rest of her life in weeks, not years,” a brief in support of the request says.

U.S. District Court Chief Judge Richard Young of the Southern District of Indiana on Tuesday summoned attorneys for a telephone conference set for 2 p.m. Friday. Young advised them to be prepared to address the request for an injunction and temporary restraining order.

Quasney and Sandler also seek a court order that, in the event of Quasney’s death, the Indiana Department of Health be required to complete a death certificate listing her as married, with Sandler recorded as the surviving spouse.

Continued enforcement of the ban, the supporting brief argues, “will cause grave harm to a loving couple confronted with an impending tragic loss. The public simply has no interest in denying Amy the rights she is entitled to as a surviving spouse upon Niki’s death.”

The couple is one three who sued the state March 10 backed by the national organization Lambda Legal. The case is Baskin et al. v. Bogan et al., 1:14-cv-00355, and names as defendants the clerks of Boone, Porter and Lake counties, along with Indiana Attorney General Greg Zoeller.

Zoeller has vowed to defend Indiana’s prohibition on same-sex marriage in at least four cases to date, including Baskin, that seek to overturn Indiana’s ban in federal court.

Young presides in all the cases. He has also set a phone conference on Friday for scheduling purposes in the related matters.






 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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