Case: Lee v. Pence

1:14-cv-00406 | U.S. District Court for the Southern District of Indiana

Filed Date: April 14, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On April 14, 2014, several same-sex couples residing in Indiana filed this lawsuit in the U.S. District for the Southern District of Indiana Court against the State of Indiana. The plaintiffs, represented by private counsel, brought suit under 42 U.S.C. § 1983. They sought a declaration that Indiana laws banning same-sex marriage were unconstitutional. They also sought a permanent injunction directing the defendants to recognize the plaintiffs' marriage, directing the Pension Fund to administer…

On April 14, 2014, several same-sex couples residing in Indiana filed this lawsuit in the U.S. District for the Southern District of Indiana Court against the State of Indiana. The plaintiffs, represented by private counsel, brought suit under 42 U.S.C. § 1983. They sought a declaration that Indiana laws banning same-sex marriage were unconstitutional. They also sought a permanent injunction directing the defendants to recognize the plaintiffs' marriage, directing the Pension Fund to administer benefits to same-sex couples, and awarding 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, members 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, Judge Richard L. Young entered a judgment on the plaintiffs' and the 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. In September 2014, the Seventh Circuit invalidated and enjoyed Indiana's prohibitions of same-sex marriage. Baskin v. Bogin, 766 F.3d 648 (7th Cir. 2014), (PB-IN-0005 in this Clearinghouse). The Supreme Court denied review and the case was subsequently dismissed. The parties reached an agreement on attorneys' fees that was not disclosed to the Court. The case is now closed.

Summary Authors

Megan Dolan (7/17/2014)

Eva Richardson (1/6/2019)

Related Cases

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

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

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266730/parties/lee-v-pence/


Judge(s)

Hamilton, Deborah Lois (Illinois)

LaRue, Denise K. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Posner, Richard A. (District of Columbia)

Williams, Ann Claire (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Celestino-Horseman, Karen (Indiana)

Eskew, Kelly R. (Indiana)

Groth, William R. (Indiana)

Katz, Robert A. (Indiana)

Judge(s)

Hamilton, Deborah Lois (Illinois)

LaRue, Denise K. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Posner, Richard A. (District of Columbia)

Williams, Ann Claire (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Celestino-Horseman, Karen (Indiana)

Eskew, Kelly R. (Indiana)

Groth, William R. (Indiana)

Katz, Robert A. (Indiana)

Sniderman, Mark W. (Indiana)

Sweeney, Kathleen M. (Indiana)

Documents in the Clearinghouse

Document

Docket (PACER)

Feb. 19, 2015 Docket
1

Complaint for Declaratory and Injunctive Relief

March 14, 2014 Complaint

Entry on Plaintiffs' Motion for a Temporary Restraining Order

Baskin v. Bogan

12 F.Supp.3d 1137

April 18, 2014 Order/Opinion

Entry on Plaintiffs' Motion for a Preliminary Injunction

Baskin v. Bogan

983 F.Supp.2d 1021

May 8, 2014 Order/Opinion
48-1

Amended Complaint For Declaratory and Injunctive Relief

June 12, 2014 Complaint
58

Entry on Cross-Motions For Summary Judgment

June 25, 2014 Order/Opinion
212

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division.

Baskin v. Bogan

U. S. Court of Appeals for the Seventh Circuit

766 F.3d 648

Sept. 4, 2014 Order/Opinion

Opinion [Denying Petition for Certiorari]

Baskin v. Bogan

Supreme Court of the United States

135 S.Ct. 316

Oct. 6, 2014 Order/Opinion

Resources

Title Description External URL

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/4266730/lee-v-pence/

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-2989558) (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to Civil Cover Sheet, # 3 Proposed Summons)(Groth, William) Modified on 3/17/2014 for party text (DJH). (Entered: 03/14/2014)

1 Civil Cover Sheet

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2 Attachment to Civil Cover Sheet

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3 Proposed Summons

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March 14, 2014 PACER
2

NOTICE of Appearance by William R. Groth on behalf of Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, T. R. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, T. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, J. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAMOWICZ, KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Groth, William) (Entered: 03/14/2014)

March 14, 2014 PACER
3

NOTICE of Appearance by Karen Celestino Horseman on behalf of Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, T. R. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, T. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, J. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAMOWICZ, KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Horseman, Karen) (Entered: 03/14/2014)

March 14, 2014 PACER
4

NOTICE of Appearance by Mark W. Sniderman on behalf of Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, T. R. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, T. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, J. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAMOWICZ, KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Sniderman, Mark) (Entered: 03/14/2014)

March 14, 2014 PACER
5

NOTICE of Appearance by Kathleen M. Sweeney on behalf of Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, T. R. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, T. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAJMOWICZ, J. S. V., BY THEIR PARENTS AND NEXT FRIENDS, SERGEANT KAREN VAUGHN-KAJMOWICZ AND TAMMY VAUGHN-KAMOWICZ, KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Sweeney, Kathleen) Modified on 3/17/2014 for firm name (DJH). (Entered: 03/14/2014)

March 14, 2014 PACER
6

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

March 17, 2014 PACER
7

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

March 17, 2014 PACER
8

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 Jane Magnus-Stinson 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 PACER
9

NOTICE of Reassignment of Case to Judge Richard L. Young and Magistrate Judge Tim A. Baker. Judge Jane Magnus-Stinson, Magistrate Judge Denise K. LaRue no longer assigned to the case. Please include the new case number, 1:14-cv-0406-RLY-TAB, on all future filings in this matter. (AAM) (Entered: 03/19/2014)

March 19, 2014 PACER
10

RETURN of Personal Service, filed by All Plaintiffs. MIKE PENCE served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
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RETURN of Personal Service, filed by All Plaintiffs. BRIAN ABBOTT served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
12

RETURN of Personal Service, filed by All Plaintiffs. CHRIS ATKINS served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
13

RETURN of Personal Service, filed by All Plaintiffs. KEN COCHRAN served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
14

RETURN of Personal Service, filed by All Plaintiffs. STEVE DANIELS served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
15

RETURN of Personal Service, filed by All Plaintiffs. JODI GOLDEN served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
16

RETURN of Personal Service, filed by All Plaintiffs. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
17

RETURN of Personal Service, filed by All Plaintiffs. BRET SWANSON served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
18

RETURN of Personal Service, filed by All Plaintiffs. KYLE ROSEBROUGH served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
19

RETURN of Personal Service, filed by All Plaintiffs. STEVE RUSSO served on 3/20/2014. (Attachments: # 1 Affidavit)(Horseman, Karen) (Entered: 03/20/2014)

1 Affidavit

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March 20, 2014 PACER
20

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Fisher, Thomas) (Entered: 03/26/2014)

March 26, 2014 PACER
21

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
23

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
24

NOTICE of Parties' First Extension of Time, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Fisher, Thomas) (Entered: 04/08/2014)

April 8, 2014 PACER
25

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
33

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 PACER
27

MOTION for Summary Judgment, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. *** CERTAIN EXHIBITS SEALED PER ORDER DATED 4/30/2014 *** (Attachments: # (1) Exhibit A - Affidavit of Officer Pamela Lee and Candace Batten-Lee, # (2) Exhibit A-1 - Application for Beneficiary Designation for Active Member, # (3) Exhibit B - Affidavit of Officer Teresa Welborn and Elizabeth Peitte, # (4) Exhibit B-1 - Application for Beneficiary Designation for Active Member, # (5) Exhibit C - Affidavit of Sergeant Karen Vaughn-Kajmowicz and Tammy Vaughn-Kajmowicz, # (6) Exhibit C-1 - Memorandum to Pension Board, # (7) Exhibit C-2 - Memorandum to Sergeant Vaughn-Kajmowicz, # (8) Exhibit C-3 - Transcribed Voice Message from John Warren, # (9) Exhibit D - Affidavit of Battalion Chief Ruth Morrison and Martha Leverett, # (10) Exhibit D-1 - Application for Retirement Benefits, # (11) Exhibit D-2 - E-mail Exchange)(Groth, William) Modified on 4/30/2014 (SWM). (Entered: 04/21/2014)

1 Exhibit A - Affidavit of Officer Pamela Lee and Candace Batten-Lee

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2 Exhibit A-1 - Application for Beneficiary Designation for Active Member

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3 Exhibit B - Affidavit of Officer Teresa Welborn and Elizabeth Peitte

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4 Exhibit B-1 - Application for Beneficiary Designation for Active Member

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5 Exhibit C - Affidavit of Sergeant Karen Vaughn-Kajmowicz and Tammy Vaughn-Kajmow

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6 Exhibit C-1 - Memorandum to Pension Board

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7 Exhibit C-2 - Memorandum to Sergeant Vaughn-Kajmowicz

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8 Exhibit C-3 - Transcribed Voice Message from John Warren

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9 Exhibit D - Affidavit of Battalion Chief Ruth Morrison and Martha Leverett

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10 Exhibit D-1 - Application for Retirement Benefits

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11 Exhibit D-2 - E-mail Exchange

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April 21, 2014 PACER
28

BRIEF/MEMORANDUM in Support re 27 MOTION for Summary Judgment, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Groth, William) (Entered: 04/21/2014)

April 21, 2014 PACER
29

MOTION for Preliminary Injunction, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Groth, William) (Entered: 04/21/2014)

April 21, 2014 PACER
30

BRIEF/MEMORANDUM in Support re 29 MOTION for Preliminary Injunction, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Groth, William) (Entered: 04/21/2014)

April 21, 2014 PACER
31

MOTION To Consolidate Preliminary Injunction Proceedings With Final Trial On The Merits, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Groth, William) (Entered: 04/21/2014)

April 21, 2014 PACER
32

MOTION to Seal Document 27 MOTION for Summary Judgment /Exhibits A-1, B-1 and D-1, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Text of Proposed Order)(Groth, William) (Entered: 04/22/2014)

1 Text of Proposed Order

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April 22, 2014 PACER
34

ORDER granting Plaintiffs' 32 Motion to Seal. IT IS HEREBY ORDERED that Exhibits A-1 [Filing No. 27-2], B-1 [Filing No. 27-4], and D-1 [Filing No. 27-10], shall be sealed by the clerk, and counsel for Plaintiffs are hereby ordered to file redacted copies of same for the public record within 7 days. Signed by Magistrate Judge Tim A. Baker on 4/30/2014. (SWM) (Entered: 04/30/2014)

April 30, 2014 PACER
35

STIPULATION CONCERNING BRIEFING SCHEDULE, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Attachments: # (1) Text of Proposed Order )(Fisher, Thomas) Modified on 5/1/2014 (NMT). (Entered: 04/30/2014)

1 Text of Proposed Order

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April 30, 2014 PACER
36

Second MOTION for Extension of Time to May 16, 2014 IN WHICH TO RESPOND TO PLAINTIFFS COMPLAINT, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Attachments: # (1) Text of Proposed Order )(Fisher, Thomas) Modified on 5/1/2014 (NMT). (Entered: 04/30/2014)

1 Text of Proposed Order

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April 30, 2014 PACER
37

Submission of Redacted Exhibits, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Exhibit A-1 - Application for Beneficiary Designation, # 2 Exhibit B-1 - Application for Beneficiary Designation, # 3 Exhibit D-1 - Application for Retirement Benefits)(Groth, William) (Entered: 05/01/2014)

1 Exhibit A-1 - Application for Beneficiary Designation

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2 Exhibit B-1 - Application for Beneficiary Designation

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3 Exhibit D-1 - Application for Retirement Benefits

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May 1, 2014 PACER
38

ORDER re Parties' 35 Stipulation Concerning BriefingSchedule (see Order for briefing schedule). Signed by Magistrate Judge Tim A. Baker on 5/12/2014.(SWM) (Entered: 05/12/2014)

May 12, 2014 PACER
39

ORDER granting Defendants' 36 Motion for Extension of Time to File response to Plaintiffs' Complaint to 5/16/2014. Signed by Magistrate Judge Tim A. Baker on 5/12/2014. (SWM) (Entered: 05/12/2014)

May 12, 2014 PACER
40

MOTION for Attorney(s) Robert A. Katz to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Exhibit Certification of Robert A. Katz, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 05/15/2014)

1 Exhibit Certification of Robert A. Katz

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2 Text of Proposed Order

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May 15, 2014 PACER
41

MOTION for Summary Judgment, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Fisher, Thomas) (Entered: 05/15/2014)

May 15, 2014 PACER
42

BRIEF/MEMORANDUM in Support re 41 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTIONS FOR PRELIMINARY INJUNCTION AND SUMMARY JUDGMENT, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Fisher, Thomas) (Entered: 05/15/2014)

May 15, 2014 PACER
43

ANSWER to 1 Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF, filed by BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON.(Fisher, Thomas) (Entered: 05/16/2014)

May 16, 2014 PACER
44

NOTICE of Appearance by Kelly R. Eskew on behalf of Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Eskew, Kelly) (Entered: 05/30/2014)

May 30, 2014 PACER
45

RECEIPT #IP041010 for pro hac vice fee in the amount of $30.00, paid by Catherine A. Martin on behalf of Robert A. Katz (Docket No. 40). (DJH) (Entered: 05/30/2014)

May 30, 2014 PACER
46

REPLY in Support of Motion re 27 MOTION for Summary Judgment, 29 MOTION for Preliminary Injunction, 41 MOTION for Summary Judgment and Response to Defendants' Motion for Summary Judgment, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Exhibit Ex E - Aff of Dr. Fulcher, # 2 Exhibit Ex F - Aff of Dr. Buffie, # 3 Exhibit Ex. G - Aff of Prof. Grossman, # 4 Exhibit Ex H - Publication of "More then Just a Couple", # 5 Exhibit Ex I - 1977 Pension Fund Summary of Benefits)(Horseman, Karen) (Entered: 06/05/2014)

1 Exhibit Ex E - Aff of Dr. Fulcher

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2 Exhibit Ex F - Aff of Dr. Buffie

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3 Exhibit Ex. G - Aff of Prof. Grossman

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4 Exhibit Ex H - Publication of "More then Just a Couple"

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5 Exhibit Ex I - 1977 Pension Fund Summary of Benefits

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June 5, 2014 PACER
47

MOTION for Leave to File Excess Pages, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Text of Proposed Order)(Horseman, Karen) (Entered: 06/05/2014)

1 Text of Proposed Order

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June 5, 2014 PACER
48

MOTION for Leave to File First Amended Complaint, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Proposed Amended Complaint, # 2 Text of Proposed Order for Leave to Amend Complaint)(Horseman, Karen) (Entered: 06/05/2014)

1 Proposed Amended Complaint

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2 Text of Proposed Order for Leave to Amend Complaint

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June 5, 2014 PACER
49

ORDER granting Motion to Appear pro hac vice 40 for Robert A. Katz on behalf of all Plaintiffs. Copy mailed. Signed by Magistrate Judge Tim A. Baker on 6/5/2014. (ADH) (Entered: 06/06/2014)

June 5, 2014 PACER
50

ORDER granting 47 Motion for Leave to File Excess Pages. Signed by Judge Richard L. Young on 6/11/2014. (TMD) (Entered: 06/11/2014)

June 11, 2014 PACER
51

ORDER granting Plaintiffs' 48 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Tim A. Baker on 6/12/2014. (SWM) (Entered: 06/12/2014)

June 12, 2014 PACER
52

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(SWM) (Entered: 06/12/2014)

June 12, 2014 PACER
53

Unopposed MOTION for Extension of Time to 06/26/2014 to file reply to 41 MOTION for Summary Judgment, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fisher, Thomas) (Entered: 06/12/2014)

1 Text of Proposed Order Proposed Order

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June 12, 2014 PACER
54

MOTION for Withdrawal of Appearance by Kelly R. Eskew on behalf of All Plaintiffs (Attachments: # 1 Text of Proposed Order) (Eskew, Kelly) Modified on 6/18/2014 (ADH). (Entered: 06/16/2014)

1 Text of Proposed Order

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June 16, 2014 PACER
55

ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Magistrate Judge. Signed by Magistrate Judge Tim A. Baker on 6/17/2014. (ADH) (Entered: 06/17/2014)

June 17, 2014 PACER
56

NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number, 1:14-cv-406-RLY-MJD, on all future filings in this matter. (DJH) (Entered: 06/17/2014)

June 17, 2014 PACER
57

ORDER granting 54 Motion to Withdraw Attorney Appearance. Attorney Kelly R. Eskew withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 6/19/2014. (ADH) (Entered: 06/19/2014)

June 19, 2014 PACER
58

**STAYED PENDING APPEAL PER 67 USCA ORDER** ORDER granting in part and denying in part Plaintiffs' 27 Motion for Summary Judgment and granting in part and denying in part Defendants' 41 Motion for Summary Judgment. Order also denies as moot Plaintiffs' 29 Motion for Preliminary Injunction, denies as moot Plaintiffs' 31 Motion to Consolidate Preliminary Injunction Proceedings with Final Trial on the Merits and denies as moot Defendants' 53 Motion for Extension of Time. (SEE ENTRY FOR DETAILS). Signed by Judge Richard L. Young on 6/25/2014. (TMD) Modified on 6/30/2014 (LBT). (Entered: 06/25/2014)

June 25, 2014 RECAP
59

CLOSED JUDGMENT in favor of Plaintiffs and Governor Pence and against Defendants Brian Abbott, Chris Atkins, Ken Cochran, Steve Daniels, Jodi Golden, Michael Pinkham, Kyle Rosebrough, and Bret Swanson in their official capacities as members of the Board of Trustees of the Indiana Public Retirement System; and Steve Russo, in his official capacity as Executive Director of the Indiana Public Retirement System. Signed by Judge Richard L. Young on 6/25/2014.(TMD) (Entered: 06/25/2014)

June 25, 2014 PACER
60

NOTICE OF APPEAL as to 58 Entry on Cross-Motions for Summary Judgment and 59 Final Judgment, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (No fee paid with this filing) (Fisher, Thomas) Modified on 6/26/2014 to correctly identify parties included in NOA and to create link to judgment (LBT). (Entered: 06/25/2014)

June 25, 2014 PACER
61

DOCKETING STATEMENT by BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON re 60 Notice of Appeal (Fisher, Thomas) Modified on 6/26/2014 to correctly identify filers of document (LBT). (Entered: 06/25/2014)

June 25, 2014 PACER
62

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 60 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. Copy mailed to Atty Robert Katz. (JLM) (Entered: 06/26/2014)

June 26, 2014 PACER
63

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 60 Notice of Appeal. - for Court of Appeals Use Only. (JLM) (Entered: 06/26/2014)

June 26, 2014 PACER
64

USCA Case Number 14-2388 for 60 Notice of Appeal filed by MICHAEL PINKHAM, CHRIS ATKINS, BRET SWANSON, BRIAN ABBOTT, KEN COCHRAN, JODI GOLDEN, KYLE ROSEBROUGH, STEVE DANIELS, STEVE RUSSO. (Attachments: # 1 Circuit Rule 3(b) Notice)(JLM) (Entered: 06/26/2014)

1 Circuit Rule 3(b) Notice

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June 26, 2014 PACER
65

USCA Appeal Fees received $505.00 receipt number IP041372 re 60 Notice of Appeal filed by MICHAEL PINKHAM, CHRIS ATKINS, BRET SWANSON, BRIAN ABBOTT, KEN COCHRAN, JODI GOLDEN, KYLE ROSEBROUGH, STEVE DANIELS, STEVE RUSSO (USCA #14-2388) (DJH) (Entered: 06/26/2014)

June 26, 2014 PACER
66

Emergency MOTION to Stay Pending Appeal, filed by Defendants BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON. (Fisher, Thomas) (Entered: 06/27/2014)

June 27, 2014 PACER
67

ORDER of USCA as to 60 Notice of Appeal filed by MICHAEL PINKHAM, CHRIS ATKINS, BRET SWANSON, BRIAN ABBOTT, KEN COCHRAN, JODI GOLDEN, KYLE ROSEBROUGH, STEVE DANIELS, STEVE RUSSO (USCA #14-2388) - Upon consideration of the Emergency Motion for Staying 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 PACER
68

ORDER of USCA as to 60 Notice of Appeal filed by MICHAEL PINKHAM, CHRIS ATKINS, BRET SWANSON, BRIAN ABBOTT, KEN COCHRAN, JODI GOLDEN, KYLE ROSEBROUGH, STEVE DANIELS, STEVE RUSSO (USCA #14-2388) - Upon consideration of the Plaintiffs-Appellees Officer Pamela Lee, et al, Emergency Motion to Lift the Court's Stay in Part, filed on 7/1/2014, by counsel for the appellees, it is ORDERED that the motion is DENIED. (LBT) (Entered: 07/02/2014)

July 2, 2014 PACER
69

DESIGNATION of Record on Appeal by BRIAN ABBOTT, CHRIS ATKINS, KEN COCHRAN, STEVE DANIELS, JODI GOLDEN, MIKE PENCE, MICHAEL PINKHAM, KYLE ROSEBROUGH, STEVE RUSSO, BRET SWANSON re 60 Notice of Appeal (Fisher, Thomas) (Entered: 07/09/2014)

July 9, 2014 PACER
70

Unopposed MOTION for Extension of Time to File for Attorneys Fees and Costs, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/09/2014)

1 Text of Proposed Order

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July 9, 2014 PACER
71

Appeal Remark re 60 Notice of Appeal (USCA #14-2388): 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)

1 Notice to Transmit Record

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July 23, 2014 PACER
72

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 PACER
73

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 PACER
74

ORDER granting 70 Motion for Extension of Time to File for reasonable attorneys' fees and costs until 95 days after the 7th Circuit issues its mandate in this case or the case is otherwise resolved in the 7th Circuit, or 35 days after any proceedings in this case in the US Supreme Court are resolved, whichever is later. Signed by Magistrate Judge Mark J. Dinsmore on 8/19/2014. **Copy sent to USCA re #14-2388.** (CBU) Modified on 8/20/2014 (JLM). (Entered: 08/19/2014)

Aug. 19, 2014 PACER
75

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 PACER
76

MANDATE of USCA as to 60 Notice of Appeal filed by MICHAEL PINKHAM, CHRIS ATKINS, BRET SWANSON, BRIAN ABBOTT, KEN COCHRAN, JODI GOLDEN, KYLE ROSEBROUGH, STEVE DANIELS, STEVE RUSSO (USCA #14-2388) - 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 PACER
77

ORDER denying as moot 66 Motion to Stay Pending Appeal. Signed by Judge Richard L. Young on 10/20/2014. (TMD) (Entered: 10/20/2014)

Oct. 20, 2014 PACER
78

MOTION for Extension of Time to 01/26/2015 TO FILE PETITION FOR ATTORNEYS' FEES AND COSTS, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Text of Proposed Order)(Groth, William) (Entered: 01/05/2015)

1 Text of Proposed Order

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Jan. 5, 2015 PACER
79

ORDER granting 78 Plaintiffs' Unopposed Motion to Extend Time. The Plaintiffs shall have up to and including 1/26/2015, to file their petition for attorney's fees and costs in this case. Signed by Magistrate Judge Mark J. Dinsmore on 1/7/2015. (JLM) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
80

Third MOTION for Extension of Time to 02/25/2015 To File for Attorneys' Fees and Costs, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN. (Attachments: # 1 Text of Proposed Order)(Groth, William) (Entered: 01/26/2015)

1 Text of Proposed Order

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Jan. 26, 2015 PACER
81

ORDER granting 80 Motion for Extension of Time. Plaintiffs shall file their petition for reasonable attorneys' fees and costs on, or before, February 25, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 1/28/2015. (MGG) (Entered: 01/28/2015)

Jan. 28, 2015 PACER
82

NOTICE to Court regarding resolution of attorney's fees and costs, filed by Plaintiffs CANDACE BATTEN-LEE, PAMELA LEE, MARTHA LEVERETT, RUTH MORRISON, ELIZABETH J. PIETTE, J. S. V., T. R. V., T. S. V., KAREN VAUGHN-KAJMOWICZ, TAMMY VAUGHN-KAJMOWICZ, TERESA WELBORN (Groth, William) Modified on 2/20/2015 (NRN). (Entered: 02/19/2015)

Feb. 19, 2015 RECAP

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: April 14, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: Unknown

Order Duration: 2014 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male