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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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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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