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7th Circuit grants motion recognizing marriage of same-sex couple in Indiana

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The 7th Circuit Court of Appeals has issued an order compelling the state of Indiana to recognize the marriage of one same-sex couple.

Lambda Legal filed a motion on June 30 for an emergency stay to require Indiana to recognize the marriage of Niki Quasney and Amy Sandler. The motion asked the Circuit Court to lift for this one couple only a June 27 order that stayed the decision by a federal court which overturned Indiana’s ban on same-sex marriage.

The Indiana attorney general’s office had filed a response to the motion, arguing the marriage should not be legalized because Indiana law did not allow for hardship exceptions.

Quasney is terminally ill and has been pushing for Indiana to recognize her marriage so Sandler is considered her legal spouse, making her entitled to all of Quasney’s benefits. The U.S. District Court issued an order in May compelling the state to recognize their marriage. When the 7th Circuit issued a stay June 27 in Baskin v. Bogan, their marriage was no longer recognized.

The 7th Circuit issued an order Tuesday that the state recognize the marriage of Quasney and Sandler on an emergency basis.

Lamdba Legal, again, declared victory.  

“It is time for the State of Indiana to leave Niki and Amy in peace and not subject them and their marriage to any more stress and uncertainty as this case proceeds,” said Lambda Legal attorney Paul Castillo. “We’re thrilled that the court ruled in favor of this family as Niki battles stage four ovarian cancer.”



 

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  • should they move out of State anyway?
    One of them is dying of cancer and probably should move to Colorado anyway to use canabis oil in an attempt to destroy the cancer. Check out Rick Simpson oil website for more information.

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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