University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bowling v. Pence PB-IN-0007
Docket / Court 1:14-cv-0405-SEB-DKL ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On March 14, 2014, three lesbian women filed this lawsuit in the U.S. District Court for the Southern District of Indiana against the State of Indiana. The plaintiffs, two of whom are married to each other, represented by private attorneys, brought suit under 42 U.S.C. § 1983 and asked the court ... read more >
On March 14, 2014, three lesbian women filed this lawsuit in the U.S. District Court for the Southern District of Indiana against the State of Indiana. The plaintiffs, two of whom are married to each other, represented by private attorneys, brought suit under 42 U.S.C. § 1983 and asked the court for 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 the legal recognition of marriage allows. In addition, one of the plaintiffs wished to obtain a legal separation from her same-sex partner and was unable to legally to do so in Indiana.

On August 19, 2014, the Court (Judge Richard L. Young) entered a judgment on both plaintiffs' and defendants' motions for summary judgment. Bowling v. Pence, 2014 WL 4104814 (S.D. Ind. Aug. 19, 2014). The court ordered defendants permanently enjoined from: denying a marriage license to same-sex applicants, enforcing 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. In an interesting turn of events, Judge Young held that Governor Pence was a proper defendant in this case (Governor Pence was dismissed from the other same-sex marriage cases). On August 20, 2014, defendants appealed to the Seventh Circuit. The Court of Appeals stayed briefing in this case pending its decision in Baskin v. Bogan (PB-IN-0005), another same-sex marriage case from Indiana.

On September 4, 2014, the Seventh Circuit issued its opinion in Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014), holding the same-sex marriage ban unconstitutional (although staying operation of that opinion while the defendants sought review in the Supreme Court). On October 6, 2014, the Supreme Court denied review, and the Seventh Circuit issued its mandate from Baskin v. Bogan. So same-sex marriage is now legal in Indiana. This case is still pending on appeal; it remains to be seen whether the State will continue to litigate.

Alex Wharton - 10/12/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Full faith and credit
Right to travel
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
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 Three lesbian women residing in Indiana
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
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 n/a
Case Ongoing Yes
Case Listing PB-IN-0005 : Baskin v. Bogan (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−00405 (S.D. Ind.) 10/07/2014
PB-IN-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 03/14/2014
PB-IN-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Entry on Cross Motions for Summary Judgment 08/19/2014 (39 F.Supp.3d 1025) (S.D. Ind.)
PB-IN-0007-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Baker, Tim A. (S.D. Ind.) [Magistrate]
PB-IN-0007-9000
Barker, Sarah Evans (S.D. Ind.)
PB-IN-0007-9000
LaRue, Denise K. (S.D. Ind.) [Magistrate]
PB-IN-0007-9000
Young, Richard L. (S.D. Ind.)
PB-IN-0007-0002 | PB-IN-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Clearwaters, Megan L. (Indiana)
PB-IN-0007-9000
Joachim, Lisa Marie (Indiana)
PB-IN-0007-0001 | PB-IN-0007-9000
Mann, Jennifer R. (Indiana)
PB-IN-0007-9000
Mann, Richard A. (Indiana)
PB-IN-0007-0001 | PB-IN-0007-9000
Small, Todd Douglas (Indiana)
PB-IN-0007-0001 | PB-IN-0007-9000
Defendant's Lawyers Fisher, Thomas M. (Indiana)
PB-IN-0007-9000
Other Lawyers None on record

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