Indiana argues same-sex marriage of terminally ill woman should not be recognized

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While conceding the same-sex marriage lawsuit involving a terminally ill Indiana woman would warrant an exception, the Indiana attorney general maintained no legal exception has been found and the marriage should not be recognized by the state.

Indiana Attorney General Greg Zoeller’s office filed its response to an emergency motion which asked the 7th Circuit Court of Appeals to lift its stay for only two plaintiffs, Niki Quasney and Amy Sandler.  

Lambda Legal, a national gay rights organization that filed one of the five challenges to Indiana’s marriage law, submitted the emergency motion June 30. Quasney, who is terminally ill with Stage IV ovarian cancer, wants the state to recognize Sandler as her spouse.

The emergency motion was filed in response to the 7th Circuit staying a ruling by the U.S. District Court for the Southern District of Indiana that overturned Indiana’s ban on same-sex marriage.

The 7th Circuit expedited the matter, giving the state until noon July 1 to file a response to Lambda Legal’s motion. The court ordered the state to submit its briefs by July 15 and the plaintiffs to turn in their briefs by July 29.

The Circuit Court stated extensions of time will not be granted except in extraordinary circumstances.

The Indiana attorney general argued the state’s marriage statute allows for no hardship exceptions. Therefore, the ban on same-sex marriage should remain in place while the District Court’s ruling is being appealed.

However, the attorney general did hint if the Circuit Court found an exception, the state would not offer any opposition.  

“Indeed, mindful that this request involves just one couple in very narrow and sympathetic circumstances, and that it is not merely the Court and parties but the general public that is watching this case, the State has extensively researched this matter but can find no provision within our legal system that would allow for some extraordinary relief, or humanitarian exception to the rule of law that would grant what the petitioners request,” the attorney general’s response stated. “If this Court can find such an exception that would apply, this circumstance surely warrants its use.”

Lambda Legal was outraged at the state’s response.   

“Attorney General Zoeller’s callous disregard for this family’s circumstances is heartless, cruel and unbecoming of a public official charged with representing the interests of all Hoosiers,” said Camilla Taylor, marriage project director at Lambda Legal. “He is taking steps that no other attorney general anywhere in the country has in fighting to deny respect to the marriage of only one couple facing very significant health issues.”



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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...