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7th Circuit grants motion recognizing marriage of same-sex couple in Indiana

July 1, 2014

The 7th Circuit Court of Appeals has issued an order compelling the state of Indiana to recognize the marriage of one same-sex couple.

Lambda Legal filed a motion on June 30 for an emergency stay to require Indiana to recognize the marriage of Niki Quasney and Amy Sandler. The motion asked the Circuit Court to lift for this one couple only a June 27 order that stayed the decision by a federal court which overturned Indiana’s ban on same-sex marriage.

The Indiana attorney general’s office had filed a response to the motion, arguing the marriage should not be legalized because Indiana law did not allow for hardship exceptions.

Quasney is terminally ill and has been pushing for Indiana to recognize her marriage so Sandler is considered her legal spouse, making her entitled to all of Quasney’s benefits. The U.S. District Court issued an order in May compelling the state to recognize their marriage. When the 7th Circuit issued a stay June 27 in Baskin v. Bogan, their marriage was no longer recognized.

The 7th Circuit issued an order Tuesday that the state recognize the marriage of Quasney and Sandler on an emergency basis.

Lamdba Legal, again, declared victory.  

“It is time for the State of Indiana to leave Niki and Amy in peace and not subject them and their marriage to any more stress and uncertainty as this case proceeds,” said Lambda Legal attorney Paul Castillo. “We’re thrilled that the court ruled in favor of this family as Niki battles stage four ovarian cancer.”



 

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