ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.






 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT