Case: Baskin v. Bogan

1:14-cv-00355 | U.S. District Court for the Southern District of Indiana

Filed Date: March 10, 2014

Closed Date: March 9, 2015

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Case Summary

On March 10, 2014, three same-sex couples filed this lawsuit in the U.S. District Court for the Southern District of Indiana against the State of Indiana and Boone, Porter, and Lake Counties, in Indiana. The plaintiffs, represented by Lambda Legal and a number of private attorneys, brought suit under 42 U.S.C. § 1983 and sought declaratory relief and both temporary and permanent injunctive relief. They claimed that Indiana's laws prohibiting the recognition of same-sex marriage, and the manner in which those statutes have been interpreted and enforced, violate the Due Process and Equal Protection clauses, because they deny plaintiffs the right to the most important relationship in life and make them second-class citizens due to the range of benefits that require marriage.

On March 31, 2014, the plaintiffs amended their complaint to add two plaintiff couples and additional defendants, including the Indiana Department of Health and Hamilton County. One of the added plaintiffs was suffering from ovarian cancer; plaintiffs stated that Indiana's refusal to recognize her marriage impeded her ability to obtain needed medical care close to home. As such, the plaintiffs sought an order compelling immediate recognition of that couple's Massachusetts marriage in Indiana.

On April 10, 2014, at a motion hearing, Judge Richard Young granted the requested temporary restraining order, without a written order, for a month. While this order was in effect, the Court held a hearing on the pending motions for summary judgment and preliminary injunction, and on May 8, 2014, the Court granted a preliminary injunction, based on the plaintiffs' likelihood of success on the merits and irreparable harm absent relief. The Court required the State of Indiana to recognize the plaintiffs' out-of-state marriage, including, if need arises, by issuing a death certificate that records their marital status as "married" and lists the surviving spouse. Baskin v. Bogan, 2014 WL 1814064 (S.D. Ind. 2014).

The defendants filed a Motion to Stay Pending Appeal on May 8, 2014. However, on June 25, the motion was denied as moot when the court granted the plaintiffs' motion for summary judgment. The decision declared that the Indiana same-sex marriage ban violated the Fourteenth Amendment and permanently enjoined the state from enforcing it. Baskin v. Bogan, 2014 WL 2884868 (S. D. Indiana).

As of June 25, 2014, same-sex marriages were legal in the state of Indiana. The defendants sought a stay in the district court, and filed an appeal. The district court did not rule on the stay motion for two days, so on June 27, the State filed an emergency stay motion in the Seventh Circuit, which granted that motion that same evening. The Seventh Circuit also consolidated this case with the two other pending Indiana same-sex cases, Fujii and Lee (see "related cases", below), and expedited briefing.

On July 10, 2014, the state appealed the decision to the Seventh Circuit Court of Appeals. The Court of Appeals combined the case for briefing and oral argument with a similar Indiana case, Wolf v. Walker. On September 4, 2014, the Seventh Circuit, in a unanimous opinion authored by Judge Richard Posner, and joined by Judges Williams and Hamilton, found in favor of the plaintiffs and affirmed the district court's judgments invalidating and enjoining these two states' prohibitions of same-sex marriage. The opinion primarily addressed the question of equal protection and said that the states of Indiana and Wisconsin have no rational basis behind the prohibition of same-sex marriage. The Court also suggested that discrimination on the basis of sexual orientation has all the hallmarks of a 'suspect class.' 766 F.3d 648 (7th Cir. 2014).

The defendants filed a petition for writ of certiorari with the Supreme Court and the Seventh Circuit stayed its mandate pending the outcome of that petition. When the Supreme Court denied review on October 6, 2014, the Seventh Circuit issued its mandate. The parties subsequently reached an agreement on attorneys' fees that was not disclosed to the Court. The case is now closed.


1:14-cv-00355	Docket (PACER)	March 9, 2015	March 9, 2015 Docket
1 1:14-cv-00355	Complaint for Declaratory and Injunctive Relief	March 10, 2014	March 10, 2014 Complaint 2014 WL 1868783
30 1:14-cv-00355	First Amended Complaint for Declaratory and Injunctive Relief	March 31, 2014	March 31, 2014 Complaint
51 1:14-cv-00355	Entry on Plaintiffs' Motion for a Temporary Restraining Order	April 18, 2014	April 18, 2014 Order/Opinion 12 F.Supp.3d 1137
65 1:14-cv-00355	Entry on Plaintiffs' Motion for a Preliminary Injunction	May 8, 2014	May 8, 2014 Order/Opinion 983 F.Supp.2d 1021
89 1:14-cv-00355	Entry on Cross-Motions for Summary Judgment	June 25, 2014	June 25, 2014 Order/Opinion 12 F.Supp.3d 1144
10 14-02386	Order [Consolidating Appeals and Setting Briefing Schedule] U.S. Court of Appeals for the Seventh Circuit	June 27, 2014	June 27, 2014 Order/Opinion
12 14-02386	Order [Granting Emergency Motion for Stay] U.S. Court of Appeals for the Seventh Circuit	June 27, 2014	June 27, 2014 Order/Opinion
212 14-02386	[Opinion of the 7th Circuit Court] U.S. Court of Appeals for the Seventh Circuit	Sept. 4, 2014	Sept. 4, 2014 Order/Opinion 766 F.3d 648

ECF Number	Date	Description	Link
1	March 10, 2014	COMPLAINT against PENNY BOGAN, MICHAEL A. BROWN, KAREN M. MARTIN, GREG ZOELLER, filed by PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, MARILYN RAE BASKIN, LINDA JUDKINS, DAWN LYNN CARVER. (Filing fee $400, receipt number IP039833) (Attachments: # 1 Civil Cover Sheet)(DJH) (Entered: 03/11/2014) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	March 10, 2014	NOTICE of Appearance by Barbara J. Baird on behalf of Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (DJH) (Entered: 03/11/2014)	RECAP
3	March 10, 2014	Summonses Issued as to PENNY BOGAN, MICHAEL A. BROWN, KAREN M. MARTIN, and GREG ZOELLER. (DJH) (Entered: 03/11/2014)	RECAP
4	March 11, 2014	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 03/11/2014)	RECAP
5	March 12, 2014	MOTION for Attorney(s) Jordan M. Heinz to Appear pro hac vice (Filing fee $30, receipt number 0756-2986582), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014) 1 Exhibit A - Certification View on PACER 2 Text of Proposed Order View on PACER	RECAP
6	March 12, 2014	MOTION for Attorney(s) Brent P. Ray to Appear pro hac vice (Filing fee $30, receipt number 0756-2986612), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014) 1 Exhibit A - Certification View on PACER 2 Text of Proposed Order View on PACER	RECAP
7	March 12, 2014	MOTION for Attorney(s) Paul D. Castillo to Appear pro hac vice (Filing fee $30, receipt number 0756-2986616), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014) 1 Exhibit A - Certification View on PACER 2 Text of Proposed Order View on PACER	RECAP
8	March 12, 2014	MOTION for Attorney(s) Christopher R. Clark to Appear pro hac vice (Filing fee $30, receipt number 0756-2986703), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014) 1 Exhibit A - Certification View on PACER 2 Text of Proposed Order View on PACER	RECAP
9	March 12, 2014	MOTION for Attorney(s) Camilla B. Taylor to Appear pro hac vice (Filing fee $30, receipt number 0756-2986953), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014) 1 Exhibit A - Certification View on PACER 2 Text of Proposed Order View on PACER	RECAP
10	March 13, 2014	Submission of Proposed Order, re 5 MOTION for Attorney(s) Jordan M. Heinz to Appear pro hac vice (Filing fee $30, receipt number 0756-2986582), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)	RECAP
11	March 13, 2014	Submission of Proposed Order, re 6 MOTION for Attorney(s) Brent P. Ray to Appear pro hac vice (Filing fee $30, receipt number 0756-2986612), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)	RECAP
12	March 13, 2014	Submission of Proposed Order, re 7 MOTION for Attorney(s) Paul D. Castillo to Appear pro hac vice (Filing fee $30, receipt number 0756-2986616), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)	RECAP
13	March 13, 2014	Submission of Proposed Order, re 8 MOTION for Attorney(s) Christopher R. Clark to Appear pro hac vice (Filing fee $30, receipt number 0756-2986703), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)	RECAP
14	March 13, 2014	Submission of Proposed Order, re 9 MOTION for Attorney(s) Camilla B. Taylor to Appear pro hac vice (Filing fee $30, receipt number 0756-2986953), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)	RECAP
15	March 17, 2014	ORDER granting 5 Plaintiff's Motion to Appear pro hac vice of Attorney Jordan Heinz on behalf of MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER and LINDA JUDKINS. Copy Mailed. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (MGG) (Entered: 03/17/2014)	RECAP
16	March 17, 2014	ORDER granting 6 Motion to Appear pro hac vice of Attorney Brent Phillip Ray for MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER and LINDA JUDKINS. Copy Mailed. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (MGG) (Entered: 03/17/2014)	RECAP
17	March 17, 2014	ORDER granting 7 Motion to Appear pro hac vice of Attorney Paul D Castillo for MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER and LINDA JUDKINS. Copy Mailed. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (MGG) (Entered: 03/17/2014)	RECAP
18	March 17, 2014	ORDER - granting 8 Motion to Appear pro hac vice. Attorney Christopher R. Clark for MARILYN RAE BASKIN, Christopher R. Clark for DAWN LYNN CARVER, Christopher R. Clark for PAMELA RUTH ELEASE EANES,Christopher R. Clark for BONNIE EVERLY, Christopher R. Clark for ESTHER FULLER, Christopher R. Clark for LINDA JUDKINS added. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. Copy Mailed. (CKM) (Entered: 03/18/2014)	RECAP
19	March 17, 2014	ORDER - granting 9 Motion to Appear pro hac vice. Attorney Camilla B. Taylor for MARILYN RAE BASKIN,Camilla B. Taylor for DAWN LYNN CARVER,Camilla B. Taylor for PAMELA RUTH ELEASE EANES,Camilla B. Taylor for BONNIE EVERLY,Camilla B. Taylor for ESTHER FULLER,Camilla B. Taylor for LINDA JUDKINS added. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. Copy Mailed (CKM) (Entered: 03/18/2014)	RECAP
20	March 18, 2014	ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Richard L. Young and Magistrate Judge Tim A. Baker for all further proceedings. This case is related to 4:14-CV-15-RLY-TAB. Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore no longer assigned to case. Signed by Judge Richard L. Young on 3/18/2014. (TMD) (Entered: 03/18/2014)	RECAP
21	March 19, 2014	NOTICE of Reassignment of Case to Judge Richard L. Young and Magistrate Judge Tim A. Baker. Judge Tanya Walton Pratt, Magistrate Judge Mark J. Dinsmore no longer assigned to the case. Please include the new case number, 1:14-cv-00355-RLY-TAB, on all future filings in this matter. (AAM) (Entered: 03/19/2014)	RECAP
22	March 20, 2014	NOTICE of Appearance by Elizabeth A. Knight on behalf of Defendant KAREN M. MARTIN. (Knight, Elizabeth) (Entered: 03/20/2014)	RECAP
23	March 20, 2014	WAIVER OF SERVICE Returned Executed, filed by KAREN M. MARTIN. KAREN M. MARTIN waiver sent on 3/10/2014. (Knight, Elizabeth) (Entered: 03/20/2014)	RECAP
24	March 20, 2014	NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant GREG ZOELLER. (Fisher, Thomas) (Entered: 03/20/2014)	RECAP
25	March 25, 2014	NOTICE of Appearance by Robert V. Clutter on behalf of Defendant PENNY BOGAN. (Clutter, Robert) (Entered: 03/25/2014)	RECAP
26	March 27, 2014	SCHEDULING ORDER:A Telephonic Conference is set for 4/4/2014 at 2:00 PM (EST) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 3/27/2014.(TMD) (Entered: 03/27/2014)	RECAP
28	March 28, 2014	NOTICE of Appearance by Nancy Moore Tiller on behalf of Defendant MICHAEL A. BROWN. (Tiller, Nancy) (Entered: 03/28/2014)	RECAP
29	March 28, 2014	NOTICE of Non-Involvement, filed by Defendant MICHAEL A. BROWN, re 28 Notice of Appearance. (Tiller, Nancy) (Entered: 03/28/2014)	RECAP
30	March 31, 2014	AMENDED COMPLAINT against PENNY BOGAN, MICHAEL A. BROWN, KAREN M. MARTIN, GREG ZOELLER, PEGGY BEAVER, WILLIAM C. VANNESS, filed by PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, MARILYN RAE BASKIN, LINDA JUDKINS, DAWN LYNN CARVER, HENRY GREENE, AMY SANDLER, GLENN FUNKHOUSER, NIKOLE QUASNEY. (Attachments: # 1 Proposed Summons Summonses to Defendants)(Baird, Barbara) (Entered: 03/31/2014) 1 Proposed Summons Summonses to Defendants View on PACER	Clearinghouse
31	March 31, 2014	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, filed by Plaintiffs NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) (Entered: 03/31/2014) 1 Text of Proposed Order View on PACER	RECAP
32	March 31, 2014	BRIEF/MEMORANDUM in Support re 31 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, filed by Plaintiffs NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Declaration of Amy Sandler, # 2 Declaration of Nikole Quasney, # 3 Exhibit A - Quasney/Sandler Mass. Marriage Certificate)(Baird, Barbara) (Entered: 03/31/2014) 1 Declaration of Amy Sandler View on PACER 2 Declaration of Nikole Quasney View on PACER 3 Exhibit A - Quasney/Sandler Mass. Marriage Certificate View on PACER	RECAP
33	April 1, 2014	Summons Issued as to All Defendants. (NMT) (Entered: 04/01/2014)	RECAP
34	April 1, 2014	Order regarding 4/04/14 telephonic conference - SEE ENTRY. Signed by Judge Richard L. Young on 4/1/2014.(TMD) (Entered: 04/01/2014)	RECAP
35	April 3, 2014	*WITHDRAWN, See Dkt. No. 65 Order* MOTION for Preliminary Injunction, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) Modified on 5/8/2014 (JKS). (Entered: 04/03/2014) 1 Text of Proposed Order View on PACER	RECAP
36	April 3, 2014	BRIEF/MEMORANDUM in Support re 35 MOTION for Preliminary Injunction, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS. (Attachments: # 1 Declaration of Rae Baskin, # 2 Declaration of Esther Fuller, # 3 Declaration of Bonnie Everly, # 4 Declaration of Lyn Judkins, # 5 Declaration of Pam Eanes, # 6 Declaration of Dawn Carver, # 7 Declaration of Henry Greene, # 8 Declaration of Glenn Funkhouser, # 9 Declaration of Nikole Quasney, # 10 Declaration of Amy Sandler)(Baird, Barbara) (Entered: 04/03/2014) 1 Declaration of Rae Baskin View on PACER 2 Declaration of Esther Fuller View on PACER 3 Declaration of Bonnie Everly View on PACER 4 Declaration of Lyn Judkins View on PACER 5 Declaration of Pam Eanes View on PACER 6 Declaration of Dawn Carver View on PACER 7 Declaration of Henry Greene View on PACER 8 Declaration of Glenn Funkhouser View on PACER 9 Declaration of Nikole Quasney View on PACER 10 Declaration of Amy Sandler View on PACER	RECAP
37	April 3, 2014	MOTION to Consolidate Preliminary Injunction Hearing with Final Trial on the Merits, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Baird, Barbara) (Entered: 04/03/2014)	RECAP
38	April 3, 2014	MOTION for Summary Judgment, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) (Entered: 04/03/2014) 1 Text of Proposed Order View on PACER	RECAP
39	April 3, 2014	BRIEF/MEMORANDUM in Support re 38 MOTION for Summary Judgment, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Declaration of Rae Baskin, # 2 Declaration of Esther Fuller, # 3 Declaration of Bonnie Everly, # 4 Declaration of Lyn Judkins, # 5 Declaration of Pam Eanes, # 6 Declaration of Dawn Carver, # 7 Declaration of Henry Greene, # 8 Declaration of Glenn Funkhouser, # 9 Declaration of Nikole Quasney, # 10 Declaration of Amy Sandler)(Baird, Barbara) (Entered: 04/03/2014) 1 Declaration of Rae Baskin View on PACER 2 Declaration of Esther Fuller View on PACER 3 Declaration of Bonnie Everly View on PACER 4 Declaration of Lyn Judkins View on PACER 5 Declaration of Pam Eanes View on PACER 6 Declaration of Dawn Carver View on PACER 7 Declaration of Henry Greene View on PACER 8 Declaration of Glenn Funkhouser View on PACER 9 Declaration of Nikole Quasney View on PACER 10 Declaration of Amy Sandler View on PACER	RECAP
40	April 4, 2014	Minute Entry for telephonic scheduling conference held 4/04/14 before Judge Richard L. Young. Dispositive Motions due by 4/21/2014. Hearing on Moton for Temporary Restraining Order is set for 4/10/2014 at 9:30 AM (Central time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. (Court Reporter Judy Mason.) (TMD) (Entered: 04/04/2014)	RECAP
41	April 9, 2014	NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant WILLIAM C. VANNESS. (Fisher, Thomas) (Entered: 04/09/2014)	RECAP

Case: Baskin v. Bogan

1:14-cv-00355 | U.S. District Court for the Southern District of Indiana

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