Indiana Judge Hears Arguments Challenging Same-Sex Marriage Ban
The state of Indiana must recognize a gay couple’s out-of-state marriage for at least a few more days as a federal judge considers whether to extend an April order requiring the state to acknowledge the union.
On Friday in Evansville, Indiana, U.S. District Judge Richard Young heard arguments requesting that the state recognize the 2013 Massachusetts marriage of Niki Quasney and Amy Sandler of Munster. Quasney is terminally ill with advanced ovarian cancer, and the couple fear that Sandler won’t be able to collect Social Security and other death benefits if their marriage isn’t recognized.
Young granted the couple a temporary order recognizing their marriage last month, however, that order expires next Thursday.
Lawyer representing the state of Indiana say there are other legal ways for Sandler to obtain property benefits after Quasney dies.
Indiana law defines marriage as between one man and one woman, and the state refuses to recognize same-sex marriages or civil unions conducted in other states.
On Friday, Indiana Solicitor General Thomas M. Fisher noted that the law does not allow for a hardship exception, but he said a death certificate could be amended at a later date.
Quasney and Sandler have been together 13 years and were married last year in Massachusetts, one of 17 states where gay marriage is legal. They have two young daughters.
Staff attorney for Lambda Legal, Paul Castillo, said that “Indiana has no justification whatsoever for denying them dignity and respect as a family during this extremely difficult time,” but also noted that there are thousands of same-sex couples in Indiana who deserve legal recognition as well.
Quasney said that she and Sandler aren’t seeking special privileges. “We should have the same freedoms as other married Indiana couples,” she said.
Leave a Reply
You must be logged in to post a comment.