University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Romero v. Brown PB-IN-0009
Docket / Court 2:14-cv-00325-JVB-PRC ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization Lambda Legal
Case Summary
On Sept. 8, 2014, a same-sex couple filed this lawsuit in the U.S. District Court for the Northern District of Indiana under 42 U.S.C. § 1983 against a county clerk and the Indiana Department of Health. The plaintiffs, represented by private counsel and the Lambda Legal Defense & Education Fund, ... read more >
On Sept. 8, 2014, a same-sex couple filed this lawsuit in the U.S. District Court for the Northern District of Indiana under 42 U.S.C. § 1983 against a county clerk and the Indiana Department of Health. The plaintiffs, represented by private counsel and the Lambda Legal Defense & Education Fund, asked the court for declaratory and injunctive relief, claiming that the state's ban on same-sex marriages violated their 14th Amendment rights to due process and equal protection.

The plaintiffs were legally married in Illinois, but Indiana refused to recognize their marriage as part of its same-sex marriage ban. The couple claimed that the state's ban injured them by denying them "access to all protections, benefits, rights, and responsibilities afforded to married persons and their children under state law."

After the 7th Circuit Court of Appeals struck down Indiana's same-sex marriage ban in Baskin v. Bogan , 2014 WL 4359059, the plaintiffs in this case moved for a temporary restraining order to force Indiana to recognize their out-of-state marriage. But before the Court (Judge Joseph Van Bokkelen) ruled on the motion, the parties jointly stipulated that Indiana would recognize the plaintiffs' marriage while Bogan was pending appeal before the Supreme Court.

On September 11, 2014, the Court denied as moot Plaintiffs' Motion for a Temporary
Restraining Order and stayed the case pending final resolution in Bogan. The court stated that once the Bogan appeal is resolved, Plaintiff should move to lift the stay.

On Oct. 6, 2014, the Supreme Court denied certiorari in the Bogan case, 135 S. Ct. 316. Nothing has occurred in this case since the Bogan certiorari denial.

Andrew Junker - 12/08/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Benefit Source
Social Security Retirement and Death Benefit
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Other requirements regarding hiring, promotion, retention
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Access to public accommodations - governmental
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Lake County Clerk
Plaintiff Description A married same-sex couple
Indexed Lawyer Organizations Lambda Legal
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
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)
2:14-cv-00325-JVB-PRC (N.D. Ind.) 09/11/2014
PB-IN-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/08/2014
PB-IN-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Staying Case 09/11/2014 (N.D. Ind.)
PB-IN-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cherry, Paul R. (N.D. Ind.) [Magistrate]
PB-IN-0009-9000
Van Bokkelen, Joseph S. (N.D. Ind.)
PB-IN-0009-0002 | PB-IN-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dollens, Lucy R. (Indiana)
PB-IN-0009-0001 | PB-IN-0009-9000
Hearon, James Michael (Indiana)
PB-IN-0009-0001 | PB-IN-0009-9000
Hunter, Steven V. (Illinois)
PB-IN-0009-0001
Taylor, Camilla B. (Illinois)
PB-IN-0009-0001
Defendant's Lawyers Arthur, David A. (Indiana)
PB-IN-0009-9000
Schwer, Melinda J (Indiana)
PB-IN-0009-9000
Tiller, Nancy Moore (Indiana)
PB-IN-0009-9000
Other Lawyers None on record

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