Filed Date: Sept. 8, 2014
Closed Date: 2014
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On September 8, 2014, a same-sex couple filed this lawsuit in the U.S. District Court for the Northern District of Indiana under 42 U.S.C. § 1983 against a county clerk and the Indiana Department of Health. The plaintiffs, represented by private counsel and the Lambda Legal Defense & Education Fund, asked the court for declaratory and injunctive relief, claiming that the state's ban on same-sex marriages violated their 14th Amendment rights to due process and equal protection.
The plaintiffs were legally married in Illinois, but Indiana refused to recognize their marriage as part of its same-sex marriage ban. The couple claimed that the state's ban injured them by denying them "access to all protections, benefits, rights, and responsibilities afforded to married persons and their children under state law."
After the 7th Circuit Court of Appeals struck down Indiana's same-sex marriage ban in Baskin v. Bogan , 2014 WL 4359059, the plaintiffs in this case moved for a temporary restraining order to force Indiana to recognize their out-of-state marriage. But before the Court (Judge Joseph Van Bokkelen) ruled on the motion, the parties jointly stipulated that Indiana would recognize the plaintiffs' marriage while Bogan was pending appeal before the Supreme Court.
On September 11, 2014, the Court denied as moot Plaintiffs' Motion for a Temporary
Restraining Order and stayed the case pending final resolution in Bogan. The court stated that once the Bogan appeal was resolved, Plaintiff should move to lift the stay.
On October 6, 2014, the Supreme Court denied certiorari in the Bogan case, 135 S. Ct. 316. Therefore, the Seventh Circuit's ruling in favor of the plaintiff couple in Borgan was upheld.
The plaintiffs filed voluntary notice of dismissal on December 19, 2014. The case is now closed.
Summary Authors
Andrew Junker (12/8/2014)
Virginia Weeks (2/18/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5481576/parties/romero-v-brown/
Cherry, Paul R. (Indiana)
Dollens, Lucy R. (Indiana)
Hearon, James Michael (Indiana)
Hunter, Steven V. (Illinois)
Arthur, David A. (Indiana)
Cherry, Paul R. (Indiana)
Van Bokkelen, Joseph S. (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/5481576/romero-v-brown/
Last updated Jan. 27, 2024, 3:19 a.m.
State / Territory: Indiana
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Sept. 8, 2014
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A married same-sex couple
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Lake County Clerk (Lake), County
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Issues
General:
Access to public accommodations - governmental
Public benefits (includes, e.g., in-state tuition, govt. jobs)
LGBTQ+:
Discrimination-basis:
Affected Sex or Gender:
Benefit Source: