ILNews

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. "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.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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