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Judge grants temporary restraining order in same-sex marriage suit

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A same-sex couple’s plea that Indiana recognize their marriage was granted Thursday by a federal judge in Evansville, a significant ruling in one of the five separate lawsuits that are challenging the state’s ban on same-sex marriage.

U.S. District Court for the Southern District of Indiana Chief Judge Richard Young issued a temporary restraining order, instructing the Indiana State Department of Health on how it should issue a death certificate in the future regarding the same-sex couple Nikole Quasney and Amy Sandler.

The order is in effect until May 8. Before that date, a preliminary injunction hearing will be scheduled to hear arguments on the plaintiffs’ request to extend the order indefinitely.

Lambda Legal, a national organization, had filed a motion March 31 for emergency relief on behalf of Quasney, who has stage IV ovarian cancer; her wife, Sandler; and their two young children. The couple asked the court for a temporary restraining order and preliminary injunction prohibiting Indiana from enforcing the state’s marriage ban as it applies to them.

Quasney and Sandler have a civil union in Illinois and were legally married in Massachusetts in 2013. They fear if Quasney dies without Indiana recognizing their marriage, she will not be allowed to have Sandler by her side at the hospital and Sandler will not be eligible for surviving spousal benefits.

Lambda Legal, which advocates for the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV, heralded the ruling as a victory.

“We’re greatly relieved for Amy, Niki and their two young children,” said Paul Castillo, staff attorney for Lambda Legal. “They are a loving family coping with a terminal illness. The State of Indiana has no justification for denying them dignity, legitimacy and respect as a family during this inexpressibly difficult time.”

The Indiana Attorney General’s Office emphasized the limited scope of Young’s ruling, applying only to Quasney and Sandler. It does not apply to the other plaintiffs who have filed lawsuits against Indiana’s ban on same-sex marriage.

Quasney and Sandler are plaintiffs in the suit Baskin v. Bogan, 1:14-CV-355, which was filed by Lambda Legal March 10.

Solicitor General Thomas Fisher of the Indiana Attorney General’s Office argued Thursday that under current law, the state’s marriage statute does not allow for hardships exceptions. He maintained the relief the plaintiffs are seeking should not be granted.  

“We are so relieved. We are so thankful that we can move forward and concentrate on being with each other,” Quasney said.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. 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

  3. 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

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

  5. 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.

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