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Judge grants temporary restraining order in same-sex marriage suit

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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.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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