Civil Rights Litigation Clearinghouse

Case: Love v. Pence

4:14-cv-00015 | U.S. District Court for the Southern District of Indiana

Filed Date: March 7, 2014

Closed Date: Feb. 23, 2015

Clearinghouse coding complete

Case Summary

Plaintiffs in this federal marriage equality lawsuit are four same-sex Indiana couples -- two male, two female, one of each gender seeking to get married, and one of each gender seeking to have their out-of-state marriage recognized. They filed the lawsuit in the U.S. District Court for the Southern District of Indiana on March 7, 2014, to challenge the constitutionality of Indiana's ban on same-sex marriage. Indiana's statute banning same-sex marriages and "void[ing]" out-of-state same-sex marriages is IC 31-11-1-1, Indiana's Defense of Marriage Act, which provides: "(a) Only a female may marry a male. Only a male may marry a female. (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized."

Plaintiffs alleged that the Indiana law violates the federal Constitution. And, to the extent it is purportedly authorized by the federal Defense of Marriage Act (DOMA), they claimed that the federal statute is also unconstitutional. (Section 2 of DOMA provides: "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."). They brought claims under the Equal Protection Clause (alleging both sex and sexual orientation discrimination), the Due Process Clause (arguing that marriage is a fundamental right), the First Amendment (arguing that the marriage ban violated their freedom of association), the Full Faith and Credit Clause, the right to travel, and the Establishment Clause.

On June 25, 2014, the court (Judge Richard Young) granted the defendant's motion to dismiss for lack of subject matter jurisdiction. On June 26 and July 27, Governor Pence's legal counsel issued two memoranda on the issue of same-sex marriage. The Plaintiffs then sought reconsideration on the court's dismissal of the case, arguing that the memoranda demonstrated the Governor did have authority to enforce the ban and the court therefore did have subject matter jurisdiction over the issue.

On September 16, Judge Young granted in part and denied in part the plaintiffs' motion to reconsider. He held that the memoranda demonstrated the Governor did have the "specific ability to command the executive branch regarding the law." Therefore, claims as to the state's refusal to recognize out-of-state marriages could be heard against the Governor. But the claims brought by unmarried plaintiffs remained dismissed because the Governor and agencies lacked the authority to grant the relief sought. 47 F.Supp.3d 805. The following day, the court reopened the case.

On February 23, 2015, the plaintiffs filed notice of voluntary dismissal, stating they had resolved all of their claims. We have no further information on the resolution. The case is now closed.

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Summary Authors

Margo Schlanger (3/14/2014)

Priyah Kaul (11/27/2014)

Virginia Weeks (2/18/2018)

Fujii v. Governor, State of Indiana, Southern District of Indiana (2014)

Bowling v. Pence, Southern District of Indiana (2014)

Lee v. Pence, Southern District of Indiana (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266727/parties/love-v-pence/

Judge(s)

Baker, Tim A. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Canon, Daniel J. (Kentucky)

Dunman, Joe L. (Kentucky)

Elliott, Dawn R. (Kentucky)

Fauver, Shannon Renee (Kentucky)

Landenwich, Laura E. (Kentucky)

Attorneys(s) for Defendant

Fisher, Thomas M. (Indiana)

Judge(s)

Baker, Tim A. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Canon, Daniel J. (Kentucky)

Dunman, Joe L. (Kentucky)

Elliott, Dawn R. (Kentucky)

Fauver, Shannon Renee (Kentucky)

Landenwich, Laura E. (Kentucky)

Attorneys(s) for Defendant

Fisher, Thomas M. (Indiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket	March 20, 2015	Docket
1	Complaint for Declaratory and Injunctive Relief	March 7, 2014	Complaint
32	Entry on Defendant's Motion to Dismiss	June 25, 2014	Order/Opinion
38	Entry on Plaintiffs' Motion to Reconsider 47 F.Supp.3d 805, 2014 WL 4636553, 2014 U.S.Dist.LEXIS 129224	Sept. 16, 2014	Order/Opinion

Resources

Title	Description		External URL
Love v. Pence LGBTQ Nation	Love v. Pence is a federal court challenge to Indiana's ban on same-sex marriage, filed March 7, 2014, in U.S. District Court for the Southern District of Indiana, on behalf of four same-sex couples,…	March 7, 2014	https://www.lgbtqnation.com/...
Taking Three Small Steps Forward in the Journey of Innovation and Diffusion Study Suk Joon Hwang	The aim of this dissertation is to fill in the vacant spots in the innovation and diffusion study, which are meaningful but have not had much work done previously. Most policy diffusion studies have …	Jan. 1, 2016	None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266727/love-v-pence/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT for Declaratory and Injunctive Relief against MICHAEL RICHARD PENCE, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-2982057) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons)(Canon, Daniel) (Entered: 03/07/2014) 1 Civil Cover Sheet View on PACER 2 Proposed Summons View on PACER 3 Proposed Summons View on PACER	March 7, 2014	RECAP
2	NOTICE of Appearance by Daniel J. Canon on behalf of Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Canon, Daniel) (Entered: 03/07/2014)	March 7, 2014	PACER
3	NOTICE of Appearance by Laura Elizabeth Landenwich on behalf of Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Landenwich, Laura) (Entered: 03/07/2014)	March 7, 2014	PACER
4	Summons Issued as to MICHAEL RICHARD PENCE. (LBT) (Entered: 03/07/2014)	March 7, 2014	PACER
5	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) (Entered: 03/07/2014)	March 7, 2014	PACER
6	NOTICE of Appearance by Shannon Fauver on behalf of Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Fauver, Shannon) (Entered: 03/12/2014)	March 12, 2014	PACER
7	NOTICE of Appearance by L. Joe Dunman on behalf of Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Dunman, L.) (Entered: 03/18/2014)	March 18, 2014	PACER
8	NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant MICHAEL RICHARD PENCE. (Fisher, Thomas) (Entered: 03/21/2014)	March 21, 2014	PACER
9	NOTICE of Appearance by Dawn R. Elliott on behalf of Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Elliott, Dawn) (Entered: 03/25/2014)	March 25, 2014	PACER
10	CERTIFICATE OF SERVICE by All Plaintiffs re 9 Notice of Appearance (Elliott, Dawn) (Entered: 03/26/2014)	March 26, 2014	PACER
11	SCHEDULING ORDER: A Telephonic Conference is set for 4/4/2014 at 2:00 PM (EST) before Judge Richard L. Young.The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 3/27/2014.(TMD) (Entered: 03/27/2014)	March 27, 2014	PACER
13	NOTICE of Constitutional Challenge, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER (Landenwich, Laura) (Entered: 03/31/2014)	March 31, 2014	PACER
14	RETURN of Service, filed by All Plaintiffs. MICHAEL PENCE served on 3/17/2014 via CMRRR. MICHAEL PENCE, c/o AG Greg Zoeller, served on 3/17/2014 via CMRRR. (Landenwich, Laura) Modified on 4/1/2014 to include dates of service in docket text (LBT). (Entered: 03/31/2014)	March 31, 2014	PACER
15	MOTION for Immediate Preliminary and Permanent Injunction, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Attachments: # (1) Memorandum in Support, # (2) Exhibit 1. Affidavit of Melissa Love, # (3) Exhibit 2. Affidavit of Erin Brock, # (4) Exhibit 3. Affidavit of Jo Ann Dale, # (5) Exhibit 4. Affidavit of Carol Uebelhoer, # (6) Exhibit 5. Affidavit of Jana Kohorst, # (7) Exhibit 6. Amicus Brief, APA, AMA, AAP, # (8) Exhibit 7. Amicus Brief, ASA, # (9) Text of Proposed Order)(Landenwich, Laura) Modified on 4/1/2014 (LBT). (Entered: 03/31/2014) 1 Memorandum in Support View on PACER 2 Exhibit 1. Affidavit of Melissa Love View on PACER 3 Exhibit 2. Affidavit of Erin Brock View on PACER 4 Exhibit 3. Affidavit of Jo Ann Dale View on PACER 5 Exhibit 4. Affidavit of Carol Uebelhoer View on PACER 6 Exhibit 5. Affidavit of Jana Kohorst View on PACER 7 Exhibit 6. Amicus Brief, APA, AMA, AAP View on PACER 8 Exhibit 7. Amicus Brief, ASA View on PACER 9 Text of Proposed Order View on PACER	March 31, 2014	PACER
16	BRIEF/MEMORANDUM in Support re 15 MOTION for Preliminary Injunction, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Landenwich, Laura) (Entered: 04/01/2014)	April 1, 2014	PACER
17	Order regarding 4/04/14 telephonic conference - SEE ENTRY. Signed by Judge Richard L. Young on 4/1/2014.(TMD) (Entered: 04/01/2014)	April 1, 2014	RECAP
18	MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant MICHAEL RICHARD PENCE. (Fisher, Thomas) (Entered: 04/04/2014)	April 4, 2014	PACER
19	BRIEF/MEMORANDUM in Support re 18 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant MICHAEL RICHARD PENCE. (Fisher, Thomas) (Entered: 04/04/2014)	April 4, 2014	PACER
20	MINUTE ORDER for Scheduling Conference held 4/04/2014 before Judge Richard L. Young. Dispositive Motions due by 4/21/2014. Signed by Judge Richard L. Young. (Court Reporter Judy Mason.)(TMD) (Entered: 04/04/2014)	April 4, 2014	PACER
21	STIPULATION AS TO BRIEFING SCHEDULE ON PENDING MOTIONS, filed by Defendant MICHAEL RICHARD PENCE. (Attachments: # 1 Text of Proposed Order proposed order)(Fisher, Thomas) Modified on 4/18/2014 to change to motion event (LBT). (Entered: 04/17/2014) 1 Text of Proposed Order proposed order View on PACER	April 17, 2014	PACER
22	MARGINAL ENTRY approving 21 Stipulation as to Briefing Schedule on Pending Motions. Signed by Magistrate Judge Tim A. Baker on 4/18/2014. (LBT) (Entered: 04/18/2014)	April 18, 2014	PACER
23	SCHEDULING ORDER: TELEPHONIC Status Conference is set for 4/21/2014 at 12:45 PM before Judge Richard L. Young. Signed by Judge Richard L. Young on 4/18/2014.(TMD) (Entered: 04/18/2014)	April 18, 2014	PACER
28	Minute Entry for telephonic conference held 4/21/2014 before Judge Richard L. Young. (Court Reporter Judy Mason.) (TMD) (Entered: 04/28/2014)	April 21, 2014	RECAP
25	MOTION for Leave to File Excess Pages, filed by Defendant MICHAEL RICHARD PENCE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fisher, Thomas) (Entered: 04/23/2014) 1 Text of Proposed Order Proposed Order View on PACER	April 23, 2014	PACER
26	RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Attachments: # 1 Exhibit Exhibit 1 - Executive Orders, # 2 Exhibit Exhibit 2 - AG Opinion, # 3 Text of Proposed Order)(Canon, Daniel) (Entered: 04/25/2014) 1 Exhibit Exhibit 1 - Executive Orders View on PACER 2 Exhibit Exhibit 2 - AG Opinion View on PACER 3 Text of Proposed Order View on PACER	April 25, 2014	PACER
27	RESPONSE in Opposition re 15 MOTION for Preliminary Injunction AND PERMANENT INJUNCTIVE RELIEF, filed by Defendant MICHAEL RICHARD PENCE. (Fisher, Thomas) (Entered: 04/25/2014)	April 25, 2014	RECAP
29	ORDER granting 25 Motion for Leave to File Excess Pages. Defendant may file an oversized brief, not to exceed 60 pages, in opposition to Plaintiffs' Motion for Immediate Preliminary and Permanent Injunctive Relief. Signed by Magistrate Judge Tim A. Baker on 4/30/2014. (LBT) (Entered: 04/30/2014)	April 30, 2014	PACER
30	REPLY in Support of Motion re 15 MOTION for Preliminary Injunction, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Landenwich, Laura) (Entered: 05/08/2014)	May 8, 2014	PACER
31	REPLY in Support of Motion re 18 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant MICHAEL RICHARD PENCE. (Fisher, Thomas) (Entered: 05/08/2014)	May 8, 2014	PACER
32	ENTRY ON DEFENDANT'S MOTION TO DISMISS - 18 Motion to Dismiss for Lack of Jurisdiction is GRANTED. See Entry for details. Signed by Judge Richard L. Young on 6/25/2014. (LBT) (Entered: 06/25/2014)	June 25, 2014	RECAP
33	VACATED PER NO. 38 ENTRY ON PLAINTIFFS' MOTION FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF - 15 Motion for Preliminary and Permanent Injunction is DENIED as moot. Signed by Judge Richard L. Young on 6/25/2014. (LBT) Modified on 9/16/2014 (LBT). (Entered: 06/25/2014)	June 25, 2014	PACER
34	CLOSED FINAL JUDGMENT - Comes now the court, having this day granted the Defendant's Motion to Dismiss, and now enters judgment in his favor, and against the Plaintiffs herein. Signed by Judge Richard L. Young on 6/25/2014.(LBT) (Entered: 06/25/2014)	June 25, 2014	PACER
35	MOTION for Reconsideration re 32 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Executive Order, # 3 Exhibit 2 - Executive Order, # 4 Text of Proposed Order)(Canon, Daniel) (Entered: 07/22/2014) 1 Memorandum in Support View on PACER 2 Exhibit 1 - Executive Order View on PACER 3 Exhibit 2 - Executive Order View on PACER 4 Text of Proposed Order View on PACER	July 22, 2014	PACER
36	RESPONSE in Opposition re 35 MOTION for Reconsideration re 32 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendant MICHAEL RICHARD PENCE. (Fisher, Thomas) (Entered: 08/08/2014)	Aug. 8, 2014	RECAP
37	REPLY in Support of Motion re 35 MOTION for Reconsideration re 32 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Landenwich, Laura) (Entered: 08/21/2014)	Aug. 21, 2014	RECAP
38	ENTRY on Plaintiff's Motion to Reconsider - In light of the new evidence, the court reinstates the married Plaintiffs' claims that Section 31-11-1-1(b) are unconstitutional. The claims brought by the unmarried Plaintiffs remain dismissed, because the Governor cannot remedy the harms alleged by them. 35 Motion for Reconsideration is GRANTED in part and DENIED in part. As a resulte, the court also VACATES its 33 Entry on Plaintiff's Motion for Preliminary and Permanent Injunctive Relief, which had denied that motion as moot. See Entry for details. Signed by Judge Richard L. Young on 9/16/2014. (LBT) (Entered: 09/16/2014)	Sept. 16, 2014	RECAP
39	ORDER REOPENING CASE as the Court has granted Plaintiffs' Motion to Reconsider on 9/16/2014 and now vacates its prior entry of final judgment in favor of Defendant. Signed by Judge Richard L. Young on 9/17/2014.(CBU) (Entered: 09/17/2014)	Sept. 17, 2014	PACER
40	MOTION for Summary Judgment, filed by Plaintiffs JO ANN DALE, JANA KOHORST, JENNIFER REDMOND, CAROL UEBELHOER. (Attachments: # 1 Exhibit Memorandum in Support, # 2 Text of Proposed Order)(Canon, Daniel) (Entered: 10/10/2014) 1 Exhibit Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	Oct. 10, 2014	PACER
41	BRIEF/MEMORANDUM in Support re 40 MOTION for Summary Judgment, filed by Plaintiffs JO ANN DALE, JANA KOHORST, JENNIFER REDMOND, CAROL UEBELHOER. (Canon, Daniel) (Entered: 10/15/2014)	Oct. 15, 2014	PACER
42	Joint MOTION for Extension of Time to 12/10/2014 to file response to 40 MOTION for Summary Judgment AND PLAINTIFFS REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, filed by Defendant MICHAEL RICHARD PENCE. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 11/07/2014) 1 Text of Proposed Order View on PACER	Nov. 7, 2014	PACER
43	ORDER granting 42 Motion for Extension of Time to 12/10/2014 to File Response re 40 MOTION for Summary Judgment. Plaintiffs shall file their reply memorandum in support of their Motion for Summary Judgment on or before 1/9/2015. Signed by Magistrate Judge Tim A. Baker on 11/24/2014. (LBT) (Entered: 11/24/2014)	Nov. 24, 2014	PACER
44	Unopposed MOTION for Extension of Time to 1/9/2015 to file response to 40 MOTION for Summary Judgment, filed by Defendant MICHAEL RICHARD PENCE. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 12/02/2014) 1 Text of Proposed Order View on PACER	Dec. 2, 2014	PACER
45	ORDER granting 44 Defendant's Unopposed Second Motion for Enlargement of Time. The Defendant shall file his memorandum in response to 40 MOTION for Summary Judgment on or before 1/9/2015.. Signed by Magistrate Judge Tim A. Baker on 12/16/2014. (JLM) (Entered: 12/16/2014)	Dec. 16, 2014	PACER
46	Third MOTION for Extension of Time to 02/09/2015 to file response to 40 MOTION for Summary Judgment, filed by Defendant MICHAEL RICHARD PENCE. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 01/09/2015) 1 Text of Proposed Order View on PACER	Jan. 9, 2015	PACER
47	ORDER granting 46 Motion for Extension of Time to 2/9/2015 for Defendant to File his Response re 40 MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 1/22/2015. (LBT) (Entered: 01/22/2015)	Jan. 22, 2015	PACER
48	Fourth MOTION for Extension of Time to 2/23/2015 to file response to 40 MOTION for Summary Judgment, filed by Defendant MICHAEL RICHARD PENCE. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 02/09/2015) 1 Text of Proposed Order View on PACER	Feb. 9, 2015	PACER
49	ORDER granting 48 Defendant's Unopposed Fourth Motion for Enlargement of Time - The Defendant shall file his memorandum in response to 40 Motion for Summary Judgment on or before 2/23/2015. Signed by Magistrate Judge Tim A. Baker on 2/12/2015. (JLM) (Entered: 02/13/2015)	Feb. 13, 2015	PACER
50	NOTICE of Voluntary Dismissal, filed by Plaintiffs ERIN BROCK, JO ANN DALE, MICHAEL DRURY, JANA KOHORST, MELISSA LOVE, JENNIFER REDMOND, LANE STUMLER, CAROL UEBELHOER. (Landenwich, Laura) (Entered: 02/23/2015)	Feb. 23, 2015	RECAP
51	CLOSED DISMISSED with prejudice, each party to bear own costs and fees. Signed by Judge Richard L. Young on 3/20/2015.(TMD) (Entered: 03/20/2015)	March 20, 2015	PACER

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: March 7, 2014

Closing Date: Feb. 23, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four same-sex Indiana couples, two male and two female, one of each gender seeking to get married, and one of each gender seeking legal recognition of their out-of-state marriage by Indiana.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: