Americans for Marriage Equality

State ResourcesIndiana

Status: Marriage equality.

Between March 7 and March 14, 2014, five lawsuits were filed challenging Indiana's law banning marriage equality, as well as asking the state to recognize valid out-of-state marriages. This litigation includes Love v. Pence (March 7, 2014), Baskin v. Bogan (March 13, 2014), Midori Fujii v. Indiana Governor et al (March 14, 2014), Officer Pamela Lee v. Pence (March 14, 2014), and Bowling v. Pence (March 14, 2014).

On April 10, 2014 a federal judge granted an emergency request to force Indiana to immediately recognize the marriage of one of the plaintiff couples in Baskin v. Bogan. Amy Sandler and Niki Quasney asked for their Massachusetts marriage to be recognized as Ms. Quasney was diagnosed with stage IV cancer and cannot wait any longer for the protections of marriage.

On June 25, U.S. District Court Judge Richard L. Young ruled against Indiana’s statute banning marriage equality. The ruling was later stayed by the Seventh Circuit Court of Appeals, pending an appeal. The Seventh Circuit issued an order after Lambda Legal filed an emergency motion asking the appeals court to lift the stay for Niki and Amy as the family needs the dignity, comfort, and protections of marriage as they fight her disease together.

On Tuesday, August 19, Judge Young ruled in Bowling v. Pence that Indiana’s law prohibiting the recognition of same-sex marriages performed in other jurisdictions is unconstitutional. The decision was stayed, pending an appeal. 

Baskin v. Bogan has been consolidated with the Fujii and Lee cases for appeal, and was argued before the Seventh Circuit on Tuesday, August 26 along with Wolf v. Walker of Wisconsin.  On September 3, a three-judge panel of the Seventh Circuit Court of Appeals upheld the lower court rulings in Baskin v. Bogan, as well as Wolf v. Walker of Wisconsin, striking down the states’ bans on marriage equality.  State officials from Indiana and Wisconsin petitioned the Supreme Court of the United States for writ of certiorari, asking that the cases be heard on appeal to decide the issue of marriage nationwide once and for all.  

On October 6th, the U.S. Supreme Court denied cert to all marriage equality cases pending review, including Indiana’s Baskin case. This action immediately extended marriage equality to the state, and county clerks began issuing marriage licenses to same-sex couples.