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Court rules Indiana must recognize couple’s same-sex marriage

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Indiana must recognize the same-sex marriage of two women wed in Massachusetts, one of whom is gravely ill, a federal judge ruled Thursday. The state said it will appeal the narrow but historic ruling.

Niki Quasney and Amy Sandler are the first same-sex couple granted legal recognition by the state of Indiana under the order issued by Chief Judge Richard Young of the U.S. District Court, Southern District of Indiana.

“The court finds that the Plaintiffs, Amy, Niki, (and children) A.Q-S., and M.Q.-S., have satisfied their burden for a preliminary injunction. They have shown a reasonable likelihood of success on the merits, irreparable harm with no adequate remedy at law, that the public interest is in favor of the relief, and the balance of harm weighs in their favor,” Young wrote.

“Therefore, the court grants Plaintiffs’ motion for a preliminary injunction. … Defendants and all those acting in concert are enjoined from enforcing Indiana statute § 31-11-1-1(b) against recognition of Plaintiffs’, Niki Quasney’s and Amy Sandler’s, valid out-of-state marriage; the State of Indiana must recognize their marriage,” the order states.

The opinion also orders the Indiana Department of Health to record Quasney as married and Sandler as surviving spouse on a death certificate if Quasney dies in Indiana. Quasney has been diagnosed with Stage IV ovarian cancer, according to the record.  

“We are relieved and happy to send our congratulations and best wishes to Amy, Niki and their family. We applaud their courage and commitment to each other and to equality as they fight Niki’s illness,” said Paul Castillo, staff attorney for Lambda Legal, which represents the couple.

“While this family is experiencing urgent, life-threatening medical circumstances, they’re just one of the thousands of same-sex couples in Indiana enduring real financial and dignitary harm due to the state’s discriminatory marriage ban. Our work in Indiana is not done.  All same-sex couples in Indiana need the security only marriage provides,” Castillo said in a statement.

Quasney and Sandler previously won a temporary restraining order that would have expired Friday. Young concluded his 14-page opinion by stressing its narrowness but also acknowledging the growing recognition of same-sex marriage after the Supreme Court of the United States opinion last year in United States v. Windsor, 134 S.Ct. 2675 (2013).

“(T)he court recognizes that the issues with which it is confronted are highly contentious and provoke strong emotions both in favor and against same-sex marriages. The court’s ruling today is not a final resolution of the merits of the case – it is a preliminary look, or in other words, a best guess by the court as to what the outcome will be,” Young wrote.

“Currently, all federal district court cases decided post-Windsor indicate that Plaintiffs are likely to prevail. Nevertheless, the strength or weakness of Plaintiffs’ case at the time of final dissolution will inevitably be impacted as more courts are presented with this issue,” he wrote.

The state will appeal Thursday’s ruling, according to a statement from the office of Indiana Attorney General Greg Zoeller.

“The Indiana Attorney General’s Office is notifying county clerks that the federal court’s decision today is limited and applies to one couple in this case only,” spokesman Bryan Corbin said. “County clerks still are prohibited from issuing marriage licenses to same-sex couples in Indiana.”

The state argues Indiana’s statute defining marriage as a union between one man and one woman is constitutional and should remain intact.

“The state’s legal defense of the statute notes that the Legislature has the legal authority to determine how marriage shall be defined within Indiana’s borders; and Indiana’s Legislature has chosen in statute to define marriage in the traditional way – between one man and one woman – and to not legally recognize same-sex unions granted in other states,” Corbin said. Windsor, he said, “continues to leave this state policy decision-making authority with states and their legislatures. The judge has the motions under advisement and will rule later.”  

Likewise, plaintiffs in this case have moved for summary judgment.

This case, Baskin, et al. v. Bogan, et al., 1:14-CV-00355, is one of several federal lawsuits challenging Indiana’s marriage statute. The suits were filed this year after the Legislature passed House Joint Resolution 3, a proposed amendment to the Indiana Constitution that would ban same-sex marriage.

In the statement provided by Lambda Legal, Quasney said she and her wife were relieved. “We are so thankful that we can move forward and concentrate on being with each other. Our time together and with our daughters is the most important thing in the world to me. I look forward to the day when all couples in Indiana have the freedom to marry,” Quasney said.
 

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  • Two Wrongs Don't Make a Right
    This is a good thing. To point out how un-Constitutional state gun laws vary from state to state only proves that the laws need to be changed so that they are the same across the board, gun laws and marriage rights included. This is America after all, and people should not be restricted on their freedoms as long as it's not hurting anyone else. And, the last i checked, who someone else is married to does not hurt me or anyone else. People should have the freedom to decide for themselves what is best for them without someone else's interference.
  • Sad Day
    These couples moved here to our state either without research our laws, not caring about our laws or expecting us to change for them. While I sympathize with their medical issues and shortened time frame, I find it very sad that we have to put our laws out to pasture in order to appease them. Other states don't seem to recognize other issues where they disagree with another state, say for example, New York not recognizing gun ownership laws or concealed carry permits from other states and will jail you on the spot for the first infraction, yet the second amendment allows personal gun ownership. It seems like Judge Young just rolled over on this ruling and the citizens of the state are left to pick up the pieces of our values.

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    1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

    2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

    3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

    4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

    5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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