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Friday, April 11, 2014

Ind. Decisions - "Federal judge orders Indiana to recognize marriage of gay couple before one partner dies"

Here is the AP take on yesterday's SD Ind. decision (earlier posts here and here). Some quotes from Charles D. Wilson's story:

INDIANAPOLIS — A federal judge ordered Indiana on Thursday to recognize the out-of-state marriage of a gay couple before one of the women dies of cancer. The decision, specific to the couple, doesn't affect other lawsuits challenging Indiana's ban on same-sex marriages.

U.S. District Court Judge Richard L. Young in Evansville granted the request by Niki Quasney and Amy Sandler for a temporary restraining order that forces Indiana to recognize "this particular couple's out of state marriage," said Paul Castillo, an attorney for the national gay rights group Lambda Legal, who represented them.

The state must recognize their marriage immediately, Castillo said. "They have to be treated as any other married couple," he said.

Quasney said she felt grateful for the judge's ruling.

"We are so thankful that we can move forward and concentrate on being with each other. Our time together and with our daughters is the most important thing in the world to me," Quasney said in a statement. Sandler and Quasney, of Munster, had asked Indiana to recognize their 2013 marriage that took place in Massachusetts, one of 17 states where gay marriage is legal. Indiana does not recognize same-sex marriages performed inside or outside of the state.

Indiana Solicitor General Thomas Fisher argued that Indiana's current law "does not allow for hardship exceptions," attorney general's spokesman Bryan Corbin said in a statement after the ruling.

Young's decision doesn't affect other lawsuits challenging Indiana's gay marriage ban.

Posted by Marcia Oddi on April 11, 2014 10:22 AM
Posted to Ind Fed D.Ct. Decisions