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Court hears arguments in same-sex marriage case

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A same-sex couple  fighting to have Indiana recognize their marriage returned to court Friday to convince a judge the state’s ban on same-sex marriage is unconstitutional.

Chief Judge Richard Young of the U.S. District Court, Southern District of Indiana heard arguments May 2 on pending motions in Baskin et al. v. Bogan et al., 1:14-cv-0355. Lambda Legal argued on behalf of the plaintiffs and Indiana Solicitor General Thomas Fisher argued the state’s case.

On April 10, Young granted a temporary restraining order requiring the state to acknowledge the marriage of two of the plaintiffs, Nikole Quasney and Amy Sandler. The women made an emotional appeal to the court to make the state recognize their marriage before Quasney loses her battle with stage IV ovarian cancer.

Young’s TRO instructed the Indiana State Department of Health to list Sandler as the spouse on any future death certificate for Quasney.  

After today’s arguments in the Winfield K. Denton Federal Building and U.S. Courthouse in Evansville, Young took under advisement the motions for summary judgment. He will rule at a later date.

Lawsuits challenging state bans on same-sex marriage have been filed across the country ever since the U.S. Supreme Court knocked down part of the federal Defense of Marriage Act in U.S. v. Windsor. Five lawsuits have been filed in Indiana since March.

Today, Fisher argued the Windsor decision left intact the authority of states and their legislatures to define marriage. Therefore, he contends, Indiana can legislate marriage as being between one man and one woman and can legally choose to not recognize same-sex unions granted in other states.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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