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Hearing on motion for TRO on marriage statute Thursday

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The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.

Chief Judge Richard Young of the U.S. District Court for the Southern District of Indiana will hear arguments this week regarding the motion for a temporary restraining order filed on behalf of one of the same-sex couples in Baskin, et al. v. Bogan, et al.  

Nicole Rai Quasney and Amy Melissa Sandler have asked the court to require Indiana to recognize their marriage performed in Massachusetts. According to court documents, Quasney is battling an aggressive ovarian cancer and wants the state to identify her as “married” on her death certificate as well as specify Sandler as her “surviving spouse.”

After a teleconference April 4 between Young and the attorneys on the motion, the judge scheduled a hearing for 9:30 a.m. CDT Thursday at the federal building in Evansville.

Lambda Legal filed Baskin March 10. Multiple calls Monday to the national organization were not returned.

Also on April 4, the Indiana attorney general filed a motion to dismiss Love, et al. v. Pence, arguing the sole defendant named in the complaint, Gov. Mike Pence, cannot provide any relief.

The Love complaint was filed on behalf of four couples by a team of Kentucky lawyers who successfully challenged Kentucky’s same-sex marriage ban. It was the first challenge filed this year to Indiana’s marriage statute.
 
The state presents two arguments in its motion. First, since the governor does not issue marriage licenses nor perform any function that recognizes marriages solemnized in other states, the District Court lacks jurisdiction under Article III. Second, because the governor does not enforce the state’s marriage statute, sovereign immunity and the 11th Amendment bar the complaint.

The five lawsuits challenging the marriage statute have been assigned to Young.

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  1. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

  4. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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