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
Plaintiffs are several same-sex couples residing in Indiana who on April 14, 2014, filed a lawsuit against the state of Indiana in the Southern District of Indiana U.S. District Court under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court to declare that Indiana ... read more >
Plaintiffs are several same-sex couples residing in Indiana who on April 14, 2014, filed a lawsuit against the state of Indiana in the Southern District of Indiana U.S. District Court under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court to declare that Indiana laws banning same-sex marriage were unconstitutional, enter a permanent injunction directing the defendants to recognize the plaintiffs marriage, direct the Pension Fund to administer benefits to same-sex couples as well as different-sex, and award 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, member 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, the court (Judge Richard L. Young) entered a judgment on the plaintiffs' or 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.

As of July 17, 2014, the case was still ongoing.

Megan Dolan - 07/17/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
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
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Case Ongoing Yes
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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  William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

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
Judges Hamilton, David Frank (S.D. Ind., Seventh Circuit)
PB-IN-0008-0002
LaRue, Denise K. (S.D. Ind.) [Magistrate]
PB-IN-0008-9000
Magnus-Stinson, Jane Elizabeth (S.D. Ind.)
PB-IN-0008-9000
Posner, Richard Allen (Seventh Circuit)
PB-IN-0008-0002
Williams, Ann Claire (N.D. Ill., Seventh Circuit)
PB-IN-0008-0002
Young, Richard L. (S.D. Ind.)
PB-IN-0008-0003 | PB-IN-0008-0006 | PB-IN-0008-0007
Plaintiff's Lawyers Celestino-Horseman, Karen (Indiana)
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000
Eskew, Kelly R. (Indiana)
PB-IN-0008-0004
Groth, William R. (Indiana)
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000
Katz, Robert A. (Indiana)
PB-IN-0008-0004
Sniderman, Mark W. (Indiana)
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000
Sweeney, Kathleen M. (Indiana)
PB-IN-0008-0001 | PB-IN-0008-0004 | PB-IN-0008-9000

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