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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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