Federal Court Says Indiana Must Recognize Couple's Same-Sex Marriage

By Jon Graef in News on Apr 12, 2014 8:45PM

Photo credit: Chip Somodevilla/Getty Images

A U.S. district court judge granted a same-sex couple's request for a temporary restraining order against Indiana from enacting its ban on same-sex marriage on them. The court ruled the state must recognize the Munster, IN, couple's marriage before one member of the couple dies.

According to the Indiana Post-Tribune, Niki Quasay has stage 4 ovarian cancer. Quasay, along with her partner, Amy Sandler, filed a suit against Indiana so that it would recognize their marriage in light of Quasay's terminal illness. [Quasay was reportedly diagnosed in 2009].

A legal brief filed by the duo explains:

When Niki dies, Amy will receive a death certificate from the state that records Niki as unmarried — which will interfere with Amy’s ability to take care of Niki’s affairs after her death and to access the safety net generally available to a surviving spouse and a decedent’s children...

Quasay and Sandler, who were married in Massachusetts last year, have two children. Under Indiana law, a surviving spouse is eligible for a variety of benefits.. The state must now issue a death certificate for Quasay, when she passes, that lists Sandler as surviving spouse.

The Chicago Tribune further explains what Quasay has been through.

Quasney has undergone multiple surgeries and aggressive chemotherapy since her diagnosis. The ban on recognizing same-sex marriages hinders her ability to seek medical treatment in Indiana because she does not want to go to hospitals that don't consider Sandler her family, attorneys for the women said in court papers.

According to the Indianapolis Star, Indiana Solicitor General Tom Fisher argued against Quasay and Sandler's case by saying:

Arguing on behalf of the state, Solicitor General Tom Fisher said granting temporary restraining orders are not a matter of emotional equity but of legal rights. Under current Indiana law, he argued, the state's marriage statute does not allow for hardship exceptions, like the one in Sandler and Quasney's case.

Fisher said if law changes after Quasney dies, thus validating the couple's marriage, Indiana could amend her death certificate. But he said that request doesn't constitute immediate harm and wouldn't justify the emergency request for recognition.

Young obviously disagreed.

The Post-Tribune writes, "The judge’s decision doesn’t affect other lawsuits challenging Indiana’s prohibition on same-sex marriage. The order will last for 28 days, when a preliminary injunction hearing is scheduled."

The Hoosier State pursued its own ban on marriage equality last year.