Enough is enough.
Stephen Stolen, on the need for the Marriage Equality lawsuit
Midori Fujii v. Indiana Governor
Marriage Equality proponents in Indiana have been waiting until the danger of HJR 3 passed to file lawsuits, which have therefore come in a rush. There have been two more lawsuits asking for Marriage Equality in Indiana since I wrote about Love v. Pence, filed just over a week ago, and another two asking for recognition of marriages from other states. The Indianapolis Star just had a story about the second suit, filed by Lambda Legal. That afternoon and evening its Web site had updates on the third (ACLU) and on a recognition suit (Mann law firm) and there is yet another, Officer Lee v. Pence.
The floodgates have opened.
I can't unpack all of the news below. This Diary will give the main links and the basic facts about each case. I plan to follow up on these cases, as we come down to the issues in each case, and Republican responses and so on. Indiana Attorney General Greg Zoeller has until March 31 to respond to Love v. Pence, and the others will start to be active in April.
#1
Love v. Pence
March 7
Marriage Equality and recognition of out-of-state marriages
The first suit in Indiana was filed on March 7, 2014. [I gave a link to my Diary about it above]. Four couples are suing, two to get married in Indiana, and two to get marriages from other states recognized. Some of the lawyers involved just won a marriage recognition case in Kentucky, and are continuing with a Marriage Equality case.
#2
Baskin v. Bogan
March 13
Marriage Equality
Lambda Legal Files Federal Suit Seeking Marriage for Same-Sex Couples in Indiana
Rae Baskin (60) and Esther Fuller (78), Bonne Everly (56) and Linda Judkins (57), and Dawn Lynn Carver (41) and Pamela Eanes (50). Ms. Baskin and Ms. Fuller have been together for twenty-four years and reside in Whitestown, Indiana. Ms. Everly and Ms. Judkins have been in a loving, committed relationship for over thirteen years and live in Chesterton, Indiana. Ms. Carver and Ms. Eanes, residents of Munster Indiana, have shared their lives together for seventeen years. All three couples wish to marry in Indiana
Lambda Legal challenges Indiana’s same-sex marriage ban
On March 13, 2014, Lambda Legal filed a federal lawsuit on behalf of three same-sex couples seeking the freedom to marry in Indiana. Rae Baskin explained,
We just want what everyone else has in Indiana – a real, honest and legal marriage. We are a family. Esther loves me unconditionally and I can’t imagine life without her.
Baskin also said,
The ability to marry takes on a special significance for her and Fuller as they start making plans for end-of-life care. Fuller, who is 78, underwent breast cancer surgery in 2008 and broke her hip in 2009. While Baskin has legal control over Fuller's care, she said the extra precautions the couple has needed to take are an unncessary burden.
"When she broke her hip and I got a call saying she's in an ambulance on her way to the hospital," Baskin said, "the last thing I want to think about was that I've got all of the documents to make sure she is taken care of the way she needs to be ...
"If we were legally recognized as wife and wife, it would just be automatic."
#3
Midori Fujii v. Indiana Governor
March 14
Marriage Equality and recognition of out-of-state marriages
ACLU files lawsuit against Ind. in hopes of lifting gay marriage ban
Indianapolis Star [link above]:
The American Civil Liberties Union of Indiana filed a lawsuit Friday morning in U.S. District Court for the Southern District of Indiana on behalf of 15 plaintiffs, including two children of same-sex couples, challenging the same-sex marriage ban and the state's refusal to recognize gay unions legally performed in other states.
The ACLU suit marked the third such complaint filed in Indiana this month, following a challenge to Indiana's law filed Monday by gay-rights legal organization Lambda Legal, and another lawsuit filed in the same U.S. District Court last Friday by four other Indiana same-sex couples.
"The government is a powerful teacher of discrimination," said Sean Lemieux, an attorney working on the ACLU case. "There is no justification for Indiana to treat these families as second-class citizens. The families in this case want the responsibility, security and dignity that only marriage provides, and their children deserve the same protections that other Indiana families enjoy."
Midori Fujii, et al. v. Indiana Governor, et al.—Plaintiff Profiles
Freedom to Marry:
The lead plaintiff in the case is Midori Fujii, who lived in a committed relationship with Kristie Kay Brittain from 2000 until Kris's death in 2011.…Other plaintiffs include same-sex couples who married in other states but live in Indiana and wish to have their marriage respected by their state, as well as unmarried couples who want the freedom to marry in Indiana.
#4
Officer Pamela Lee v. Pence
March 14
Recognition of out-of-state marriages
Freedom to Marry [link above]:
The four plaintiff couples in the case each include one spouse who worked as a public servant in Indiana. They include: Officer Pamela Lee (a military veteran who served as a police officer for 22 years) and her wife Candace Batten-Lee, who married in California in October 2013; Officer Teresa Welborn (who served with the Indianapolis Metropolitan Police Department for more than 25 years) and Elizabeth J. Piette, who married in Hawaii in December 2013; Chief Ruth Morrison (who retired as batallion chief of the Indianapolis Fire Department after 27 years) and her wife Martha Leverett, who married in Maryland in September 2013; and Sergeant Karen Vaughn-Kajmowicz (a police officer for 18 years) and her wife Tammy, who married in Iowa in October 2013.
Each of the officers attempted to list their spouse as their beneficiary for their pension, and each was denied, with officials citing laws in Indiana that deny marriage protections to same-sex couples.
#5
Bowling v. Pence
March 14
Recognition of out-of-state marriages
Indianapolis Star [link above]
Also Friday, Richard A. Mann P.C. in Indianapolis filed a lawsuit in federal court on behalf of Michelle and Shannon Bowling and Linda Bruner challenging the state's Defense of Marriage Act. The Bowlings, who were married in Iowa, reside and work in Indianapolis, have been denied state recognition of their lawful marriage. Linda Bruner, who was lawfully married in Iowa is also seeking recognition of her marriage here as she is seeking to obtain a divorce from her wife and has had a divorce pending since January 2013.
More links
Challenges to Indiana’s same-sex marriage ban piling up in federal court
USA, Indiana: Three More Marriage Equality Lawsuits Filed
Case References
With these case numbers, you can rather clumsily look up the case documents in the Federal District Court PACER (Public Access to Court Electronic Records) system. The case number are unfortunately not unique. Not all of these cases are in the system yet.
Registration and login are required. Regular users will be charged 10 cents a page to view documents, but below $15 in a three-month calendar quarter, the fees are waived. Some of the legal documents are posted on other Web sites at no charge.
Love v. Pence, 4:14-CV-00015, Richard L. Young, presiding
The Lambda suit, Baskin v. Bogan, 1:14-CV-0355
The ACLU suit, Midori Fujii, et al. v. Indiana Governor, et al., 1:14-CV-00404 NOT FOUND at PACER
Officer Pamela Lee v. Pence
I do not know whether a case number has been assigned yet. It has not appeared in any of the sources I have found.
Michelle Bowling, Shannon Bowling and Linda Bruner v. Michael Pence, et al., 1:14-CV-0405 NOT FOUND at PACER
Resources
Some of the Marriage Equality lawsuit Web pages have not yet caught up with the news.
Freedom to Marry/Litigation is current with all of the cases, including PDFs of the initial filings.
Marriage Equality USA/Lawsuits Pending has only Love v. Pence
Updated March 9
Equality on Trial/Current Cases has nothing on Indiana yet.
Background
All of this activity comes in the wake of the Indiana Legislature punting on HJR 3, a proposed Constitutional ban, and the current legislative session coming to an end, so that they cannot undo what they have done. The ban cannot be put on the ballot for this November. By the time the Legislature can take it up again for the 2016 ballot, this should all be over.
This isn't just Indiana. Here is a new suit in Arizona.
3/20Lambda Legal Files Federal Lawsuit Seeking Marriage for Same-Sex Couples in Arizona Majors v. Roche
And of course, we eventually get around to pending cases. Actually, fairly quickly, as these things go.
3/20 End of Stay in Bourke v. Beshear (KY) Recognition decision. The Governor says he will appeal before then.
4/10 Oral Arguments in Kitchen v. Herbert (UT) 10th Circuit
4/17 Oral Arguments in Bishop v. United States (OK) 10th Circuit
4/23 Oral Arguments in Geiger v. Kitzhaber (OR) 9th Circuit
5/12 Oral Arguments in Bostic v. Schaefer (VA) 4th Circuit
6/9 Trial Begins Whitewood v. Wolf (PA) The PA AG will not defend the case.