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Case Name Fujii v. Governor, State of Indiana PB-IN-0006
Docket / Court 1:14-cv-00404-RLY-TAB ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
On March 14, 2014, several same-sex couples residing in Indiana filed a lawsuit against the state of Indiana, in the U.S. District Court for the Southern District of Indiana, under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU and private counsel, asked the court to declare that the ... read more >
On March 14, 2014, several same-sex couples residing in Indiana filed a lawsuit against the state of Indiana, in the U.S. District Court for the Southern District of Indiana, under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU and private counsel, asked the court to declare that the Indiana law banning same-sex marriage was unconstitutional; they sought both temporary and permanent injunctive relief. (Plaintiffs amended the complaint on April 3, 2014.)

Plaintiffs claimed that Indiana's ban on same-sex marriage violated their rights under the Equal Protection and Due Process Clauses. Furthermore, they claimed that the lack of Indiana's recognition of same-sex marriages in the state, and marriages legally conducted in other states, had interfered with the flow of various benefits, both tangible and intangible, within their families.

On June 25, 2014, the Court (Judge Richard L. Young) decided the case for the plaintiffs. In an opinion entered in this case, as well as Baskin v. Bogan (PB-IN-0005), and Lee v. Pence (PB-IN-0008), Judge Young entered a judgment on both plaintiffs' and defendants' motions for summary judgment. He entered a permanent injunction ordering the State: not to deny marriage licenses to same-sex applicants and not to enforce the same-sex marriage ban; and to administer the same services and benefits to all married couples regardless if they are same-sex or different-sex. The district court stayed its decision pending appeal; defendants filed that appeal in the U.S. Court of Appeals for the Seventh Circuit on the same day.

The Seventh Circuit affirmed in an opinion by Judge Posner. Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014). As in the district court, that opinion addressed this case as well as Baskin v. Bogan (PB-IN-0005), and Lee v. Pence (PB-IN-0008). The defendants sought review in the Supreme Court, and the Court of Appeals stayed the effective date of its decision pending the Supreme Court's resolution of that review petition.

The Supreme Court denied review in Bogan v. Baskin (as well as several other cases) on October 6, 2014, and the next day, the Seventh Circuit issued its mandate affirming the District Court's judgment invalidating and enjoining Indiana's prohibition of same-sex marriage.

Alex Wharton - 10/08/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Disparate Impact
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
State law
Defendant(s) State of Indiana
Plaintiff Description Several same sex couples who wish to marry in Indiana or who have married in other jurisdictions and seek the benefits Indiana bestows on married persons
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2014 - n/a
Case Closing Year 2014
Case Ongoing No
Case Listing PB-IN-0005 : Baskin v. Bogan (S.D. Ind.)
PB-IN-0008 : Lee v. Pence (S.D. Ind.)
PB-IN-0004 : Love v. Pence (S.D. Ind.)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
1:14-CV-00404 (S.D. Ind.) 10/07/2014
PB-IN-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief - Notice of Claim that Indiana Statute is Unconstitutional 03/14/2014
PB-IN-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief - Notice of Claim that Indiana Statute is Unconstitutional 04/03/2014
PB-IN-0006-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Entry on Cross-Motions For Summary Judgment 06/25/2014 (12 F.Supp.3d 1144) (S.D. Ind.)
PB-IN-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Issuance of Mandate and Mandate, and Opinion 10/07/2014 (766 F.3d 648)
PB-IN-0006-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hamilton, David Frank (S.D. Ind., Seventh Circuit)
PB-IN-0006-0004
Posner, Richard Allen (Seventh Circuit)
PB-IN-0006-0004
Pratt, Tanya Walton (S.D. Ind.)
PB-IN-0006-9000
Williams, Ann Claire (N.D. Ill., Seventh Circuit)
PB-IN-0006-0004
Young, Richard L. (S.D. Ind.)
PB-IN-0006-0002 | PB-IN-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Eskew, Kelly R. (Indiana)
PB-IN-0006-9000
Esseks, James Dixon (New York)
PB-IN-0006-0001 | PB-IN-0006-0003 | PB-IN-0006-9000
Falk, Kenneth J. (Indiana)
PB-IN-0006-0001 | PB-IN-0006-0003 | PB-IN-0006-9000
Lemieux, Sean C. (Indiana)
PB-IN-0006-0001 | PB-IN-0006-0003 | PB-IN-0006-9000
Rose, Gavin Minor (Indiana)
PB-IN-0006-0001 | PB-IN-0006-0003 | PB-IN-0006-9000
Strangio, Chase (New York)
PB-IN-0006-0001 | PB-IN-0006-0003 | PB-IN-0006-9000
Defendant's Lawyers Fisher, Thomas M. (Indiana)
PB-IN-0006-9000
Hardin, Thomas Alan (Indiana)
PB-IN-0006-9000
Murphy, Darren J. (Indiana)
PB-IN-0006-9000
Other Lawyers None on record

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