Lambda Legal Urges Seventh Circuit to Grant Marriage for All Hoosiers

(Chicago, IL, July 29th, 2014) - Today, Lambda Legal filed its appellate brief in the Seventh Circuit Court of Appeals, asking the court to strike down the state’s discriminatory marriage ban. Oral arguments in the case, Baskin v. Bogan, have been scheduled for August 26th, 2014.

“We’re confident the court will rule in favor of love, freedom and justice for all Hoosiers and affirm that all families in Indiana need the protections of marriage,” said Paul D. Castillo, Staff Attorney for Lambda Legal. “At this point, the legal precedent for striking down discriminatory marriage bans is overwhelming. With every victory that comes in from courts across the country, Indiana’s ban on marriage for same-sex couples has less and less legal ground to stand on.”

From the brief:

“In the thirteen months since Windsor was decided, an avalanche of federal and state court decisions have struck down state marriage bans as unconstitutional.  In fact, no court has upheld a marriage ban against constitutional challenge since Windsor. The Indiana marriage ban deserves the same fate.”

The case, Baskin v. Bogan, was filed on March 10, 2014 in the United States District Court for the Southern District of Indiana. Shortly thereafter, Lambda Legal filed a motion seeking immediate relief for Niki Quasney, Amy Sandler and their two children ages 3 and 1. Five years ago, Niki was diagnosed with stage four ovarian cancer, enduring multiple surgeries and years of chemotherapy. After nearly 14 years together, the couple married in Massachusetts last year.  In two decisions issued in April and May, the court ordered the State of Indiana to recognize their out-of-state marriage.

Lambda Legal urged the court to grant the freedom to marry to all Indiana same-sex couples and respect all out-of-state marriages by striking down Indiana’s marriage ban in its entirety. On June 25th, U.S. District Court Judge Richard L. Young ruled that Indiana’s discriminatory ban on marriage for same-sex couples is unconstitutional. Two days later, the Seventh Circuit Court of Appeals granted Indiana Attorney General Greg Zoeller’s emergency motion to stay the freedom to marry for all Hoosiers achieved through Lambda Legal's victories in Baskin v. Bogan, and also consolidated the case with two other marriage cases in Indiana, Lee v. Abbott and Fujii v. Commissioner of the Indiana State Department of Revenue. On July 1st, the Seventh Circuit Court of Appeals issued an order compelling the State of Indiana to continue to recognize the marriage of Lambda Legal plaintiffs Amy Sandler and Niki Quasney while the case proceeds. On August 26th, the court will also hear arguments in the Wisconsin case Wolf v. Walker.

Read Lambda Legal’s brief here: http://www.lambdalegal.org/in-court/legal-docs/baskin_in_20140729_brief-of-plaintiffs-appellees

Read more about the families and the entire case here: http://www.lambdalegal.org/take-action/love-unites-us/indiana

Paul D. Castillo, Staff Attorney, and Camilla Taylor, Marriage Project Director, are handling the case Baskin v. Bogan for Lambda Legal. They are joined by Barbara Baird of the Law Office of Barbara J. Baird in Indianapolis, Indiana, as well as Jordan Heinz, Brent Ray, Melanie MacKay, Dmitriy Tishyevich and Scott Lerner of Kirkland & Ellis LLP.