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Case: Fujii v. Governor, State of Indiana

1:14-cv-00404 | U.S. District Court for the Southern District of Indiana

Filed Date: March 14, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 14, 2014, several same-sex couples residing in Indiana filed a lawsuit against the state of Indiana, in the U.S. District Court for the Southern District of Indiana, under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU and private counsel, asked the court to declare that the Indiana law banning same-sex marriage was unconstitutional; they sought both temporary and permanent injunctive relief. (Plaintiffs amended the complaint on April 3, 2014.) Plaintiffs claimed that Indian…

On March 14, 2014, several same-sex couples residing in Indiana filed a lawsuit against the state of Indiana, in the U.S. District Court for the Southern District of Indiana, under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU and private counsel, asked the court to declare that the Indiana law banning same-sex marriage was unconstitutional; they sought both temporary and permanent injunctive relief. (Plaintiffs amended the complaint on April 3, 2014.)

Plaintiffs claimed that Indiana's ban on same-sex marriage violated their rights under the Equal Protection and Due Process Clauses. Furthermore, they claimed that the lack of Indiana's recognition of same-sex marriages in the state, and marriages legally conducted in other states, had interfered with the flow of various benefits, both tangible and intangible, within their families.

On June 25, 2014, the Court (Judge Richard L. Young) decided the case for the plaintiffs. In an opinion entered in this case, as well as Baskin v. Bogan (PB-IN-0005), and Lee v. Pence (PB-IN-0008), Judge Young entered a judgment on both plaintiffs' and defendants' motions for summary judgment. He entered a permanent injunction ordering the State: not to deny marriage licenses to same-sex applicants and not to enforce the same-sex marriage ban; and to administer the same services and benefits to all married couples regardless if they are same-sex or different-sex. The district court stayed its decision pending appeal; defendants filed that appeal in the U.S. Court of Appeals for the Seventh Circuit on the same day.

The Seventh Circuit affirmed in an opinion by Judge Posner. Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014). As in the district court, that opinion addressed this case as well as Baskin v. Bogan (PB-IN-0005), and Lee v. Pence (PB-IN-0008). The defendants sought review in the Supreme Court, and the Court of Appeals stayed the effective date of its decision pending the Supreme Court's resolution of that review petition.

The Supreme Court denied review in Bogan v. Baskin (as well as several other cases) on October 6, 2014, and the next day, the Seventh Circuit issued its mandate affirming the District Court's judgment invalidating and enjoining Indiana's prohibition of same-sex marriage.

Summary Authors

Alex Wharton (10/8/2014)

Related Cases

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

Baskin v. Bogan, Southern District of Indiana (2014)

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5072303/parties/fujii-v-governor-state-of-indiana/


Judge(s)

Hamilton, David Frank (Indiana)

LaRue, Denise K. (Indiana)

Posner, Richard Allen (Illinois)

Pratt, Tanya Walton (Indiana)

Williams, Ann Claire (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Eskew, Kelly R. (Indiana)

Esseks, James Dixon (New York)

Falk, Kenneth J. (Indiana)

Lemieux, Sean C. (Indiana)

Judge(s)

Hamilton, David Frank (Indiana)

LaRue, Denise K. (Indiana)

Posner, Richard Allen (Illinois)

Pratt, Tanya Walton (Indiana)

Williams, Ann Claire (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Eskew, Kelly R. (Indiana)

Esseks, James Dixon (New York)

Falk, Kenneth J. (Indiana)

Lemieux, Sean C. (Indiana)

Rose, Gavin Minor (Indiana)

Strangio, Chase (New York)

Attorneys(s) for Defendant

Fisher, Thomas M. (Indiana)

Hardin, Thomas Alan (Indiana)

Murphy, Darren J. (Indiana)

Documents in the Clearinghouse

Document

1:14-cv-00404

Docket [PACER]

Oct. 7, 2014

Oct. 7, 2014

Docket
1

1:14-cv-00404

Complaint for Declaratory and Injunctive Relief - Notice of Claim that Indiana Statute is Unconstitutional

March 14, 2014

March 14, 2014

Complaint
22

1:14-cv-00404

Amended Complaint for Declaratory and Injunctive Relief - Notice of Claim that Indiana Statute is Unconstitutional

April 3, 2014

April 3, 2014

Complaint
50

1:14-cv-00404

1:14-cv-00406

Entry on Cross-Motions For Summary Judgment

June 25, 2014

June 25, 2014

Order/Opinion
72

1:14-cv-00404

14-02387

Notice of Issuance of Mandate and Mandate, and Opinion

U. S. Court of Appeals for the Seventh Circuit

Oct. 7, 2014

Oct. 7, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5072303/fujii-v-governor-state-of-indiana/

Last updated Nov. 2, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756−2989368) (Attachments: # 1 Attachment−Marriage License Application, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Falk, Kenneth) Modified on 3/17/2014 for party text(DJH). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

2

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs GREGORY HASTY, A. M.−S., ROB MACPHERSON, HARRIET MILLER, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Rose, Gavin) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

3

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs GREGORY HASTY, A. M.−S., ROB MACPHERSON, HARRIET MILLER, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Falk, Kenneth) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

4

NOTICE of Appearance by Sean C. Lemieux on behalf of Plaintiffs TARA BETTERMAN, MIDORI FUJII, MELODY LAYNE, L. M.−C., RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO. (Lemieux, Sean) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

5

Summonses Issued as to All Defendants. (DJH) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

7

ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Richard L. Young and Magistrate Judge Tim A. Baker for all further proceedings. This case is related to 4:14−CV−15−RLY−TAB. Judge Tanya Walton Pratt and Magistrate Judge Denise K. LaRue no longer assigned to case. Signed by Judge Richard L. Young on 3/18/2014. (TMD) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

9

NOTICE of Reassignment of Case to Judge Richard L. Young and Magistrate Judge Tim A. Baker. Judge Richard L. Young, Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number, 1:14−cv−0404−RLY−TAB , on all future filings in this matter. (AAM) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

10

MOTION for Attorneys' Conference , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

11

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant GOVERNOR, STATE OF INDIANA. (Fisher, Thomas) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

12

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

March 27, 2014

14

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH. (Fisher, Thomas) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

15

RETURN of Service by CMRRR, filed by All Plaintiffs. GOVERNOR, STATE OF INDIANA served on 3/21/2014. (Falk, Kenneth) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

16

RETURN of Service by CMRRR, filed by All Plaintiffs. COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH served on 3/19/2014. (Falk, Kenneth) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

17

RETURN of Service by CMRRR, filed by All Plaintiffs. CLERK, HAMILTON COUNTY, INDIANA served on 3/21/2014. (Falk, Kenneth) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

18

RETURN of Service by CMRRR, filed by All Plaintiffs. CLERK, ALLEN COUNTY, INDIANA served on 3/19/2014. (Falk, Kenneth) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

19

MOTION for Attorney(s) James Esseks to Appear pro hac vice (Filing fee $30.00, receipt number IP040125), filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(NMT) (Entered: 03/31/2014)

March 28, 2014

March 28, 2014

20

MOTION for Attorney(s) Chase Strangio to Appear pro hac vice (Filing fee $30.00, receipt number IP040126), filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(NMT) (Entered: 03/31/2014)

March 28, 2014

March 28, 2014

21

REPORT by Counsel by All Plaintiffs. (Falk, Kenneth) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

26

ORDER granting 19 Motion to Appear pro hac vice. Attorney James Esseks for ALL PLAINTIFFS added. Copy to James Esseks and Chase Strangio via US Mail. Signed by Magistrate Judge Tim A. Baker on 4/2/2014. (SWM) (Entered: 04/03/2014)

April 2, 2014

April 2, 2014

23

MOTION for Preliminary Injunction , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Rose, Gavin) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

24

MOTION to Consolidate Preliminary Injunction Proceedings with Final Trial on the Merits , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Rose, Gavin) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

25

NOTICE of Appearance by Thomas Alan Hardin on behalf of Defendant CLERK, ALLEN COUNTY, INDIANA. (Hardin, Thomas) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

27

Summons Issued as to COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE. (NMT) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

28

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

April 4, 2014

29

Amended MOTION for Attorney Chase Strangio to Appear pro hac vice (Filing fee $30.00, receipt number IP040126), filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(NMT) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

30

ORDER granting 20 Motion to Appear pro hac vice. Attorney Chase Strangio for Plaintiffs added. Signed by Magistrate Judge Tim A. Baker on 4/8/2014. (copies via US Mail to Chase Strangio and James Esseks) (JKS) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

31

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE. (Fisher, Thomas) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

32

ORDER SETTING INITIAL PRETRIAL CONFERENCE: This case is assigned for an initial pretrial conference before United States Magistrate Judge Tim A. Baker on May 27, 2014, at 3 p.m. in Room 234, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. All persons entering the United States Courthouse must have photo identification ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Tim A. Baker on 4/11/2014.(DW) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

33

MOTION for Summary Judgment , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Exhibit 1 (Aff. of Fujii), # 2 Exhibit 2 (Aff. of Layne &Betterman), # 3 Exhibit 3 (Aff. of Moubray−Carricos), # 4 Exhibit 4 (Aff. of MacPherson &Stolen), # 5 Exhibit 5 (Aff. of A.M.−S.), # 6 Exhibit 6 (Aff. of Wehrle &Miller), # 7 Exhibit 7 (Aff. of Hasty &Vallero))(Rose, Gavin) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

34

BRIEF/MEMORANDUM in Support re 33 MOTION for Summary Judgment , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Rose, Gavin) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

36

NOTICE of Appearance by Darren J. Murphy on behalf of Defendant CLERK, HAMILTON COUNTY, INDIANA. (Murphy, Darren) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

37

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

April 18, 2014

41

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

April 21, 2014

39

STIPULATION Concerning Case Status and Briefing Schedule , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

40

NOTICE of Parties' First Extension of Time, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, GOVERNOR, STATE OF INDIANA. (Fisher, Thomas) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

42

ORDER approving 39 Stipulation filed by RODNEY MOUBRAY−CARRICO, L. M.−C., CHRISTOPHER VALLERO, HARRIET MILLER, MELODY LAYNE, TARA BETTERMAN, GREGORY HASTY, MONICA WEHRLE, STEVEN STOLEN, SCOTT MOUBRAY−CARRICO, MIDORI FUJII, A. M.−S., ROB MACPHERSON. Signed by Judge Richard L. Young on 5/2/2014.(TMD) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

43

RETURN of Service by CMRRR, filed by All Plaintiffs. COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE served on 4/7/2014. (Falk, Kenneth) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

44

MOTION for Summary Judgment , filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, GOVERNOR, STATE OF INDIANA. (Fisher, Thomas) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

45

BRIEF/MEMORANDUM in Support re 44 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT , filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, GOVERNOR, STATE OF INDIANA. (Fisher, Thomas) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

46

RESPONSE in Opposition re 44 MOTION for Summary Judgment , 33 MOTION for Summary Judgment (Reply in Supp. of Pltfs.' SJ Mot. &Response in Opp. to Dfts.' SJ Mot.) , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Exhibit 1 (Decl. of Shawn Antell), # 2 Exhibit 2 (614 Reasons Why Marriage Equality Matters in Indiana))(Rose, Gavin) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

47

Unopposed MOTION for Extension of Time to 06/03/2014 IN WHICH TO RESPOND TO PLAINTIFFS AMENDED COMPLAINT , filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, GOVERNOR, STATE OF INDIANA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fisher, Thomas) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

49

ANSWER to 22 Amended Complaint , filed by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, GOVERNOR, STATE OF INDIANA.(Fisher, Thomas) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

50

**STAYED PENDING APPEAL PER 62 USCA ORDER** ORDER granting in part and denying in part Plaintiffs' 33 Motion for Summary Judgment and granting in part and denying in part Defendants' 44 Motion for Summary Judgment. Order also denie s as moot Plaintiffs' 23 Motion for Preliminary Injunction and denies as moot Plaintiffs' 24 Motion to Consolidate Preliminary Injunction Proceedings with Final Trial on the Merits. (SEE ENTRY FOR DETAILS). Signed by Judge Richard L. Young on 6/25/2014. (TMD) Modified on 6/30/2014 (LBT).

June 25, 2014

June 25, 2014

RECAP
51

CLOSED JUDGMENT in favor of Plaintiffs and Governor Pence and against Defendants Commissioner of the Indiana State Department of Health; Clerk of Allen County, Indiana; Clerk of Hamilton County, Indiana; and the Commissioner of the Indiana State Department of Revenue. Signed by Judge Richard L. Young on 6/25/2014.(TMD) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

52

NOTICE of Appearance by Kelly R. Eskew on behalf of Plaintiffs GREGORY HASTY, A. M.−S., ROB MACPHERSON, HARRIET MILLER, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Eskew, Kelly) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

53

NOTICE OF APPEAL as to 50 Order on Motion for Preliminary Injunction and Order on Motion for Summary Judgment and 51 Final Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, ALLEN COUNTY, INDIANA, and CLERK, HAMILTON COUNTY, INDIANA. (No fee paid with this filing) (Fisher, Thomas) Modified on 6/26/2014 to link to judgment and to correctly identify parties included in NOA (LBT). (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

54

DOCKETING STATEMENT by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, ALLEN COUNTY, INDIANA, and CLERK, HAMILTON COUNTY, INDIANA re 53 Notice of Appeal (Fisher, Thomas) Modified on 6/26/2014 to correctly identify parties filing document (LBT). (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

55

Emergency MOTION to Stay Pending Appeal , filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA, and CLERK, ALLEN COUNTY, INDIANA. (Fisher, Thomas) Modified on 6/26/2014 to correctly identify parties filing document (LBT). (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

56

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 53 Notice of Appeal − Instructions for Attorneys − Parties' Short Record, Instructions, and Designation of Record information attached. (LBT) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

57

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 53 Notice of Appeal. − for Court of Appeals Use Only. (LBT) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

58

USCA Case Number 14−2387 for 53 Notice of Appeal filed by CLERK, ALLEN COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA. (Attachments: # 1 Circuit Rule 3(b) Notice)(LBT) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

59

USCA Appeal Fees received $505.00 receipt number IP041374 re 53 Notice of Appeal filed by CLERK, ALLEN COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA (USCA #14−2387) (DJH) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

61

NOTICE of Correction and Filing of Corrected Memorandum in Opposition to Emergency Motion for Stay Pending Appeal , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE (Attachments: # 1 Corrected Memorandum, # 2 Exhibit to Memorandum− Slip opinion DeBoer v. Snyder, # 3 Exhibit to Memorandum− U.S. Sup. Court Order − Nat'l Org for Marriage v. Geiger, # 4 Exhibit to Memorandum − Emergency Motion Geiger v. Kitzhaber) (Falk, Kenneth) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

62

ORDER of USCA as to 53 Notice of Appeal filed by CLERK, ALLEN COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA (USCA #14−2387) − Upon consideration of the Emergency Motion for Stay Pending Appeal, filed on 6/27/2014, by counsel for the appellants, it is ORDERED that the motion is GRANTED. The district court's order dated 6/25/2014 is STAYED pending resolution of this appeal. (LBT) (Entered: 06/30/2014)

June 27, 2014

June 27, 2014

63

Unopposed MOTION for Extension of Time to File for Attorneys' Fees and Costs , filed by Plaintiffs TARA BETTERMAN, MIDORI FUJII, GREGORY HASTY, MELODY LAYNE, L. M.−C., A. M.−S., ROB MACPHERSON, HARRIET MILLER, RODNEY MOUBRAY−CARRICO, SCOTT MOUBRAY−CARRICO, STEVEN STOLEN, CHRISTOPHER VALLERO, MONICA WEHRLE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

64

ORDER: IT IS THEREFORE ORDERED that plaintiffs are granted an extension of time to file for their reasonable attorneys' fees and costs until 95 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit, or 35 days after any proceedings in this case in the United States Supreme Court are resolved, whichever is later. Signed by Magistrate Judge Tim A. Baker on 7/3/2014. (DW) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

65

DESIGNATION of Record on Appeal by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, GOVERNOR, STATE OF INDIANA re 53 Notice of Appeal (Fisher, Thomas) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

66

Appeal Remark re 53 Notice of Appeal (USCA #14−2387): Long Record and Supplemental Long Record transmitted to USCA under Cause No. 1:14−cv−355−RLY−TAB. See that docket for transmittal information. (Attachments: # 1 Notice to Transmit Record)(LBT) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

67

Appeal Remark re (53 in 1:14−cv−00404−RLY−TAB) Notice of Appeal, (91 in 1:14−cv−00355−RLY−TAB) Notice of Appeal, (60 in 1:14−cv−00406−RLY−MJD) Notice of Appeal (USCA #14−2386, 14−2387, 14−2388): Original record on appeal filed electronically by USCA. Contents of record : 4 vol. of pleadings and 1 unrestricted transcript. (LBT) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

68

Appeal Remark re (53 in 1:14−cv−00404−RLY−TAB) Notice of Appeal, (91 in 1:14−cv−00355−RLY−TAB) Notice of Appeal, (60 in 1:14−cv−00406−RLY−MJD) Notice of Appeal (USCA #14−2386, 14−2387, 14−2388): Supplemental record on appeal filed electronically by USCA. Contents of record : 3 sealed documents and 1 restricted transcripts. (LBT) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

70

MANDATE of USCA as to 53 Notice of Appeal filed by CLERK, ALLEN COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA (USCA #14−2387) − It is ORDERED that appellant Peggy Beaver, Clerk of Hamilton County, is voluntarily DISMISSED from appeal nos. 14−2386 and 14−2387 pursuant to Fed. R. App. P. 42(b). These appeals remain active with respect to the other appellants. (LBT) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

71

ORDER of USCA as to (53 in 1:14−cv−00404−RLY−TAB) Notice of Appeal filed by CLERK, ALLEN COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA [USCA No. 2387], (91 in 1:14−cv−00355−RLY−TAB) Notice of Appeal filed by PENNY BOGAN, WILLIAM C. VANNESS, GREG ZOELLER, PEGGY BEAVER [USCA No. 14−2386], (60 in 1:14−cv−00406−RLY−MJD) Notice of Appeal filed by MICHAEL PINKHAM, CHRIS ATKINS, BRET SWANSON, BRIAN ABBOTT, KEN COCHRAN, JODI GOLDEN, KYLE ROSEBROUGH, STEVE DANIELS, STEVE RUSSO [USCA No. 14−2388]: IT IS ORDERED that the Motion for Stay of Mandate Pending Final Disposition of Petition for Writ of Certiorari is GRANTED. The mandate in appeals 142386, 142387, and 142388 is STAYED pending final disposition of petition for writ of certiorari. The stay will terminate automatically if the certiorari petition is denied or will terminate upon the judgment of the Supreme Court if the certiorari petition is granted. (LBT) (Entered: 09/16/2014)

Sept. 15, 2014

Sept. 15, 2014

72

MANDATE of USCA as to 53 Notice of Appeal filed by CLERK, ALLEN COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF REVENUE, CLERK, HAMILTON COUNTY, INDIANA (USCA #14−2387) − The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. The petition for writ of certiorari is DENIED by the U.S. Supreme Court. (LBT) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

Case Details

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: March 14, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several same sex couples who wish to marry in Indiana or who have married in other jurisdictions and seek the benefits Indiana bestows on married persons

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Indiana, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2014 - 0

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Impact

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientation