University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
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 (NCLR)
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. On October 29, 2014, the defendant filed a motion to dismiss and the plaintiff filed a motion for summary judgment. The court denied defendant's motion to dismiss and granted plaintiff's motion for summary judgment on July 9, 2015, citing the Supreme Court's decision in Obergefell. Taylor v. Brasuell, 2015 WL 4139470, at *4 (D. Idaho July 9, 2015). The court also awarded the plaintiff attorneys' fees of $70,000. The case is now closed.

Priyah Kaul - 12/04/2014
Elizabeth Heise - 11/20/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
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 (NCLR)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2015 - n/a
Filing Year 2014
Case Closing Year 2015
Case Ongoing No
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:14-cv-273 (D. Idaho)
PB-ID-0003-9000.pdf | Detail
Date: 09/24/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory, Injunctive and Other Relief [ECF# 1]
PB-ID-0003-0001.pdf | Detail
Date: 07/07/2014
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief [ECF# 13]
PB-ID-0003-0002.pdf | Detail
Date: 12/04/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order Re: Defendant's Motion to Dismiss (Docket No. 18) Plaintiffs' Motion for Summary Judgment (Docket No. 19) [ECF# 30] (2015 WL 4139470) (D. Idaho)
PB-ID-0003-0003.pdf | WESTLAW | Detail
Date: 07/09/2015
Source: PACER [Public Access to Court Electronic Records]
Order Adopting Stipulation for Award of Attorneys' Fees and Costs [ECF# 39] (D. Idaho)
PB-ID-0003-0004.pdf | Detail
Date: 09/22/2015
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bush, Ronald E. (D. Idaho) show/hide docs
PB-ID-0003-0003 | PB-ID-0003-0004 | PB-ID-0003-9000
Plaintiff's Lawyers Durham, Craig (Idaho) show/hide docs
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Ferguson, Deborah A (Idaho) show/hide docs
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Minter, Shannon (California) show/hide docs
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Stoll, Christopher (California) show/hide docs
PB-ID-0003-0001 | PB-ID-0003-0002 | PB-ID-0003-9000
Defendant's Lawyers Smith, Clay R (Idaho) show/hide docs
PB-ID-0003-9000
Zanzig, W Scott (Idaho) show/hide docs
PB-ID-0003-9000

- click to show/hide ALL -

new search
page permalink

- top of page -