University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lee v. Pence PB-IN-0008
Docket / Court 1:14-cv-0406-JMS-DKL ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On April 14, 2014, several same-sex couples residing in Indiana filed this lawsuit in the U.S. District for the Southern District of Indiana Court against the State of Indiana. The plaintiffs, represented by private counsel, brought suit under 42 U.S.C. § 1983. They sought a declaration that ... read more >
On April 14, 2014, several same-sex couples residing in Indiana filed this lawsuit in the U.S. District for the Southern District of Indiana Court against the State of Indiana. The plaintiffs, represented by private counsel, brought suit under 42 U.S.C. § 1983. They sought a declaration that Indiana laws banning same-sex marriage were unconstitutional. They also sought a permanent injunction directing the defendants to recognize the plaintiffs' marriage, directing the Pension Fund to administer benefits to same-sex couples, and awarding the plaintiffs costs of suit and reasonable attorneys' fees.

They claimed that Indiana's ban on same-sex marriage violated their rights under the Equal Protection and Due Process Clause. Furthermore, members of each of these couples have served in an Indiana police or fire department, and they claim that lack of state recognition of their marriages has interfered with the flow of pensions and benefits within their families.

On June 25, 2014, Judge Richard L. Young entered a judgment on the plaintiffs' and the defendants' motions for summary judgment. They ordered that the defendants were permanently enjoined from denying a marriage license to same-sex applicants, the defendants were enjoined from enforcing the same-sex marriage ban, and the Indiana Public Retirement System was enjoined to administer the same services and benefits to all married couples regardless if they are same-sex or different-sex. The decision was stayed pending appeal, which was filed in the United States Court of Appeals for the Seventh Circuit on the same day. In September 2014, the Seventh Circuit invalidated and enjoyed Indiana's prohibitions of same-sex marriage. Baskin v. Bogin, 766 F.3d 648 (7th Cir. 2014), (PB-IN-0005 in this Clearinghouse). The Supreme Court denied review and the case was subsequently dismissed. The parties reached an agreement on attorneys' fees that was not disclosed to the Court. The case is now closed.

Megan Dolan - 07/17/2014
Eva Richardson - 01/06/2019


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
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) State of Indiana
Plaintiff Description Plaintiffs are several same-sex couples residing in the state of Indiana. A member of each of these couples has served in an Indiana police or fire department.
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
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-0006 : Fujii v. Governor, State of Indiana (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−00406 (S.D. Ind.)
PB-IN-0008-9000.pdf | Detail
Date: 02/19/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-IN-0008-0001.pdf | Detail
Date: 03/14/2014
Source: PACER [Public Access to Court Electronic Records]
Entry on Plaintiffs' Motion for a Temporary Restraining Order (12 F.Supp.3d 1137) (S.D. Ind.)
PB-IN-0008-0006.pdf | WESTLAW| LEXIS | Detail
Date: 05/08/2014
Source: Westlaw
Entry on Plaintiffs' Motion for a Preliminary Injunction (983 F.Supp.2d 1021) (S.D. Ind.)
PB-IN-0008-0007.pdf | WESTLAW| LEXIS | Detail
Date: 05/08/2014
Source: Westlaw
Amended Complaint For Declaratory and Injunctive Relief [ECF# 48-1]
PB-IN-0008-0004.pdf | Detail
Date: 06/12/2014
Source: PACER [Public Access to Court Electronic Records]
Entry on Cross-Motions For Summary Judgment [ECF# 58] (S.D. Ind.)
PB-IN-0008-0003.pdf | Detail
Date: 06/25/2014
Source: PACER [Public Access to Court Electronic Records]
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. [Ct. of App. ECF# 212] (766 F.3d 648)
PB-IN-0008-0002.pdf | WESTLAW| LEXIS | Detail
Date: 09/04/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [Denying Petition for Certiorari] (135 S.Ct. 316)
PB-IN-0008-0005.pdf | WESTLAW | Detail
Date: 10/06/2014
Source: Westlaw
show all people docs
Judges Hamilton, David Frank (S.D. Ind., Seventh Circuit) show/hide docs
PB-IN-0008-0002
LaRue, Denise K. (S.D. Ind.) [Magistrate] show/hide docs
PB-IN-0008-9000
Magnus-Stinson, Jane Elizabeth (S.D. Ind.) show/hide docs
PB-IN-0008-9000
Posner, Richard Allen (Seventh Circuit) show/hide docs
PB-IN-0008-0002
Williams, Ann Claire (N.D. Ill., Seventh Circuit) show/hide docs
PB-IN-0008-0002
Young, Richard L. (S.D. Ind.) show/hide docs
PB-IN-0008-0003 | PB-IN-0008-0006 | PB-IN-0008-0007
Plaintiff's Lawyers Celestino-Horseman, Karen (Indiana) show/hide docs
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000
Eskew, Kelly R. (Indiana) show/hide docs
PB-IN-0008-0004
Groth, William R. (Indiana) show/hide docs
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000
Katz, Robert A. (Indiana) show/hide docs
PB-IN-0008-0004
Sniderman, Mark W. (Indiana) show/hide docs
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000
Sweeney, Kathleen M. (Indiana) show/hide docs
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000

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