Same-sex couple facing terminal illness files emergency motion with 7th Circuit

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The couple who won an initial battle to have their same-sex marriage recognized – a case that foreshadowed the overturning of Indiana’s marriage law last week – is now fighting the emergency stay granted June 27 by the 7th Circuit Court of Appeals.

Lambda Legal, a national gay-rights organization, has filed an emergency motion with the 7th Circuit to keep in place an earlier order that recognized the marriage of Indiana residents Niki Quasney and Amy Sandler. This couple turned to the U.S. District Court for the Southern District of Indiana for an emergency order in April because Quasney is terminally ill and wanted to be able to list Sandler as her spouse on a future death certificate.

The 7th Circuit’s order issued late last week, staying the June 25 ruling by the U.S. District Court that found Indiana’s marriage law unconstitutional, included preventing the state from recognizing Quasney and Sandler’s Massachusetts marriage.

Camilla Taylor, marriage project director for Lambda Legal, is asking Indiana Attorney General Greg Zoeller to not oppose this motion.

“This is one family in all of Indiana that is undergoing tremendous stress while they courageously fight Ms. Quasney’s stage four ovarian cancer,” Taylor said in a press release. “Their marriage doesn’t harm anyone in Indiana, it simply protects them and their children.”

Lamba Legal filed Baskin v. Bogan, 1:140-cv-0355 in March which was one of five challenges to Indiana’ ban on same-sex marriage. The organization later filed a motion seeking immediate relief for Quasney, Sandler and their two children because of Quasney’s serious health situation.

The state filed a motion to stay the recognition of Quasney and Sandler’s marriage, but Young never issued a ruling.

Meanwhile, other same-sex couples are wondering about the current status of their marriages. After Young struck down Indiana’s marriage law June 25, many gays and lesbians raced to their county clerks’ offices to get married, but the stay issued by the 7th Circuit has put those marriages in legal limbo.

“Our position is these are valid marriages,” said Ken Falk, legal director of the American Civil Liberties Union of Indiana. “It would be unprecedented for the state to take the position that even though these marriages were valid at the time they were entered into, they are no longer valid.”

Paul Castillo, Lambda Legal attorney, echoed Falk in saying the marriages performed during the window between Young’s decision and the 7th Circuit stay were still valid.

However, Indiana Attorney General Greg Zoeller’s Office said the question of validity has not been determined and might have to be decided by a court at a later time.

Castillo said the validity question has been answered in federal court. After a stay was granted in the ruling that found Utah’s marriage law violated the U.S. Constitution, the U.S. District Court for the District of Utah ruled in the separate case of Evans v. Utah that vows exchanged during the window in the beehive state were still valid.

Utah has filed a motion to stay that decision.

Despite questions at the state level, Indiana same-sex couples who were married after Young’s decision may get recognition from the federal government. Castillo pointed out when a marriage law has been overturned in other states, the U.S. government has considered those marriages as valid even while a stay is in place.  




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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.