ILNews

Judge grants temporary restraining order in same-sex marriage suit

Back to TopCommentsE-mailPrintBookmark and Share

A same-sex couple’s plea that Indiana recognize their marriage was granted Thursday by a federal judge in Evansville, a significant ruling in one of the five separate lawsuits that are challenging the state’s ban on same-sex marriage.

U.S. District Court for the Southern District of Indiana Chief Judge Richard Young issued a temporary restraining order, instructing the Indiana State Department of Health on how it should issue a death certificate in the future regarding the same-sex couple Nikole Quasney and Amy Sandler.

The order is in effect until May 8. Before that date, a preliminary injunction hearing will be scheduled to hear arguments on the plaintiffs’ request to extend the order indefinitely.

Lambda Legal, a national organization, had filed a motion March 31 for emergency relief on behalf of Quasney, who has stage IV ovarian cancer; her wife, Sandler; and their two young children. The couple asked the court for a temporary restraining order and preliminary injunction prohibiting Indiana from enforcing the state’s marriage ban as it applies to them.

Quasney and Sandler have a civil union in Illinois and were legally married in Massachusetts in 2013. They fear if Quasney dies without Indiana recognizing their marriage, she will not be allowed to have Sandler by her side at the hospital and Sandler will not be eligible for surviving spousal benefits.

Lambda Legal, which advocates for the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV, heralded the ruling as a victory.

“We’re greatly relieved for Amy, Niki and their two young children,” said Paul Castillo, staff attorney for Lambda Legal. “They are a loving family coping with a terminal illness. The State of Indiana has no justification for denying them dignity, legitimacy and respect as a family during this inexpressibly difficult time.”

The Indiana Attorney General’s Office emphasized the limited scope of Young’s ruling, applying only to Quasney and Sandler. It does not apply to the other plaintiffs who have filed lawsuits against Indiana’s ban on same-sex marriage.

Quasney and Sandler are plaintiffs in the suit Baskin v. Bogan, 1:14-CV-355, which was filed by Lambda Legal March 10.

Solicitor General Thomas Fisher of the Indiana Attorney General’s Office argued Thursday that under current law, the state’s marriage statute does not allow for hardships exceptions. He maintained the relief the plaintiffs are seeking should not be granted.  

“We are so relieved. We are so thankful that we can move forward and concentrate on being with each other,” Quasney said.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT