University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Taylor v. Brasuell PB-ID-0003
Docket / Court 1:14-cv-273 ( D. Idaho )
State/Territory Idaho
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization National Center for Lesbian Rights
Case Summary
On July 7, 2014, plaintiff filed an action in the U.S. District Court for the District of Idaho, under 42 U.S.C. § 1983, against the Idaho Division of Veterans Services. The plaintiff, represented by private counsel and the National Center for Lesbian Rights, alleged that defendant had violated ... read more >
On July 7, 2014, plaintiff filed an action in the U.S. District Court for the District of Idaho, under 42 U.S.C. § 1983, against the Idaho Division of Veterans Services. The plaintiff, represented by private counsel and the National Center for Lesbian Rights, alleged that defendant had violated her Fourteenth Amendment rights by refusing to recognize her out-of-state marriage. Specifically, the plaintiff sought declaratory, injunctive, and monetary relief, including an injunction directing defendant to approve her application to have her ashes interred with the ashes of her same-sex spouse at the Idaho State Veterans Cemetery.

Plaintiff was a Navy veteran who married her longtime partner in California in 2008. Following her partner's death in 2012, the plaintiff developed a number of health problems. In December 2013, the plaintiff went to the Idaho State Veteran's Cemetery in Boise to make advanced arrangements for her ashes to be interred with her partner's ashes. The Cemetery declined her request, citing the Idaho Constitution and Idaho Code § 32-201, which provide that a "marriage between a man and a woman is the only domestic union that shall be valid or recognized" in the state.

On September 11, 2014, the plaintiff filed an amended complaint for declaratory and injunctive relief, omitting her request for monetary relief.

As of November 24, 2014, the case was still pending.

Priyah Kaul - 12/04/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Disparate Treatment
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of Idaho
Plaintiff Description Navy veteran in same-sex marriage.
Indexed Lawyer Organizations National Center for Lesbian Rights
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2014
Case Ongoing Yes
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-273 (D. Idaho) 11/24/2014
PB-ID-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory, Injunctive and Other Relief 07/07/2014
PB-ID-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief 12/04/2014
PB-ID-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bush, Ronald E. (D. Idaho) [Magistrate]
PB-ID-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Durham, Craig (Idaho)
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Ferguson, Deborah A (Idaho)
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Minter, Shannon (California)
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Stoll, Christopher Francis (California)
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Defendant's Lawyers Smith, Clay R (Idaho)
PB-ID-0003-9000
Zanzig, W Scott (Idaho)
PB-ID-0003-9000
Other Lawyers None on record

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