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Case Name Bowling v. Pence PB-IN-0007
Docket / Court 1:14-cv-0405-SEB-DKL ( S.D. Ind. )
Additional Docket(s) 14-02854  [ 14-2854 ]
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, 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. The state declined to further litigate this case and it was dismissed. The parties subsequently reached an agreement on attorneys' fees that was not disclosed to the Court. The case is now closed.

Alex Wharton - 10/12/2014
Eva Richardson - 01/06/2019


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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 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) State of Indiana
Plaintiff Description Three lesbian women residing in Indiana.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2014 - n/a
Filing Year 2014
Case Closing Year 2014
Case Ongoing No
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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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:14−cv−00405 (S.D. Ind.)
PB-IN-0007-9000.pdf | Detail
Date: 05/20/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-IN-0007-0001.pdf | Detail
Date: 03/14/2014
Source: PACER [Public Access to Court Electronic Records]
Entry on Cross Motions for Summary Judgment [ECF# 41] (39 F.Supp.3d 1025) (S.D. Ind.)
PB-IN-0007-0002.pdf | WESTLAW| LEXIS | Detail
Date: 08/19/2014
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Baker, Tim A. (S.D. Ind.) [Magistrate] show/hide docs
PB-IN-0007-9000
Barker, Sarah Evans (S.D. Ind.) show/hide docs
PB-IN-0007-9000
LaRue, Denise K. (S.D. Ind.) [Magistrate] show/hide docs
PB-IN-0007-9000
Young, Richard L. (S.D. Ind.) show/hide docs
PB-IN-0007-0002 | PB-IN-0007-9000
Plaintiff's Lawyers Clearwaters, Megan L. (Indiana) show/hide docs
PB-IN-0007-9000
Joachim, Lisa Marie (Indiana) show/hide docs
PB-IN-0007-0001 | PB-IN-0007-9000
Mann, Richard A. (Indiana) show/hide docs
PB-IN-0007-0001 | PB-IN-0007-9000
Mann, Jennifer R. (Indiana) show/hide docs
PB-IN-0007-9000
Small, Todd Douglas (Indiana) show/hide docs
PB-IN-0007-0001 | PB-IN-0007-9000
Defendant's Lawyers Fisher, Thomas M. (Indiana) show/hide docs
PB-IN-0007-9000

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