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Same-sex couple’s bid for recognition expedited due to grave illness

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The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.

Nikole Rai Quasney and Amy Melissa Sandler of Munster on Monday asked for a temporary restraining order and preliminary injunction that would enjoin the state from enforcing laws against same-sex marriage. The couple requested an expedited hearing because Quasney, mother of two young children, has stage IV ovarian cancer.

“Because of this aggressive cancer, Niki measures the rest of her life in weeks, not years,” a brief in support of the request says.

U.S. District Court Chief Judge Richard Young of the Southern District of Indiana on Tuesday summoned attorneys for a telephone conference set for 2 p.m. Friday. Young advised them to be prepared to address the request for an injunction and temporary restraining order.

Quasney and Sandler also seek a court order that, in the event of Quasney’s death, the Indiana Department of Health be required to complete a death certificate listing her as married, with Sandler recorded as the surviving spouse.

Continued enforcement of the ban, the supporting brief argues, “will cause grave harm to a loving couple confronted with an impending tragic loss. The public simply has no interest in denying Amy the rights she is entitled to as a surviving spouse upon Niki’s death.”

The couple is one three who sued the state March 10 backed by the national organization Lambda Legal. The case is Baskin et al. v. Bogan et al., 1:14-cv-00355, and names as defendants the clerks of Boone, Porter and Lake counties, along with Indiana Attorney General Greg Zoeller.

Zoeller has vowed to defend Indiana’s prohibition on same-sex marriage in at least four cases to date, including Baskin, that seek to overturn Indiana’s ban in federal court.

Young presides in all the cases. He has also set a phone conference on Friday for scheduling purposes in the related matters.






 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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