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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. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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