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Baskin v. Bogan

United States District Court, S.D. Indiana, Indianapolis Division

April 18, 2014

MARILYN RAE BASKIN and ESTHER FULLER; BONNIE EVERLY and LINDA JUDKINS; DAWN LYNN CARVER and PAMELA RUTH ELEASE EANES; HENRY GREENE and GLENN FUNKHOUSER, individually and as parents and next friends of C.A.G.; and AMY SANDLER and NIKOLE QUASNEY, Plaintiffs,
v.
PENNY BOGAN, in her official capacity as BOONE COUNTY CLERK; KAREN M. MARTIN, in her official capacity as PORTER COUNTY CLERK; MICHAEL A. BROWN, in his official capacity as LAKE COUNTY CLERK; PEGGY BEAVER, in her official capacity as HAMILTON COUNTY CLERK; WILLIAM C. VANNESS, in his official capacity as the COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH; and GREG ZOELLER, in his official capacity as INDIANA ATTORNEY GENERAL, Defendants

Page 1138

For MARILYN RAE BASKIN, ESTHER FULLER, BONNIE EVERLY, LINDA JUDKINS, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, Plaintiffs: Barbara J. Baird, THE LAW OFFICE OF BARBARA J BAIRD, Indianapolis, IN; Brent Phillip Ray, Jordan Heinz, PRO HAC VICE, KIRKLAND & ELLIS LLP - Chicago, Chicago, IL; Camilla B. Taylor, Christopher R. Clark, PRO HAC VICE, LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., Chicago, IL; Paul D Castillo, PRO HAC VICE, LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., Dallas, TX.

For HENRY GREENE, AMY SANDLER, GLENN FUNKHOUSER, NIKOLE QUASNEY, Plaintiffs: Barbara J. Baird, THE LAW OFFICE OF BARBARA J BAIRD, Indianapolis, IN.

For PENNY BOGAN, in her official capacity as Boone County Clerk, Defendant: Robert V. Clutter, KIRTLEY, TAYLOR, SIMS, CHADD & MINNETTE, P.C., Lebanon, IN.

For KAREN M. MARTIN, in her official capacity as Porter County Clerk, Defendant: Elizabeth A. Knight, PORTER COUNTY ADMINISTRATIVE CENTER, Valparaiso, IN.

For MICHAEL A. BROWN, in his official capacity as Lake County Clerk, Defendant: Nancy Moore Tiller, NANCY MOORE TILLER & ASSOCIATES, Crown Point, IN.

For GREG ZOELLER, in his official capacity as Indiana Attorney General, WILLIAM C. VANNESS, Defendants: Thomas M. Fisher, OFFICE OF THE ATTORNEY GENERAL, Indianapolis, IN.

For PEGGY BEAVER, Defendant: Darren J. Murphy, HOWARD & ASSOCIATES, Noblesville, IN.

OPINION

Page 1139

RICHARD L. YOUNG, CHIEF JUDGE United States District Court Southern District of Indiana.

ENTRY ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER

Plaintiffs, Amy Sandler and Nikole (" Niki" ) Quasney, ask this court to grant a temporary restraining order requiring the state of Indiana to recognize their out-of-state marriage. The court held a hearing on April 10, 2014, and issued a bench ruling GRANTING the temporary restraining order, which expires 28 days from that date, on May 8, 2014. Consistent with that ruling, the court issues the following written order.

I. Background

Plaintiffs, Niki Quasney and Amy Sandler, have been in a loving and committed relationship for more than thirteen years. (Declaration of Nikole Quasney (" Quasney Dec." ) ¶ 2, Filing No. 32-2). They have two very young children, A.Q.-S. and M.Q.-S. ( Id. at ¶ 2). On June 7, 2011, Amy and Niki entered into a civil union in Illinois. ( Id. at ¶ 3). Then, on August 29, 2013, they were married in Massachusetts.[1] ( Id.).

In late May of 2009, Niki was diagnosed with Stage IV Ovarian cancer. ( Id. at ΒΆ 9). She and Amy immediately flew to Chicago for treatment, and just a couple of ...


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