BASKIN v. BOGAN

Nos. 1:14-cv-00355-RLY-TAB, 1:14-cv-00404-RLY-TAB, 1:14-cv-00406-RLY-MJD.

12 F.Supp.3d 1144 (2014)

Marilyn Rae BASKIN and Esther Fuller; Bonnie Everly and Linda Judkins; Dawn Lynn Carver and Pamela Ruth Elease Eanes; Henry Greene and Glenn Funkhouser, individually and as parents and next friends of C.A.G.; Nikole Quasney, and Amy Sandler, individually and as parents and next friends of A.Q.-S. and M.Q.-S., Plaintiffs, v. Penny BOGAN, in her official capacity as Boone County Clerk; Karen M. Martin, in her official capacity as Porter County Clerk; Michael A. Brown, in his official capacity as Lake County Clerk; Peggy Beaver, in her official capacity as Hamilton County Clerk; William C. Vanness II, M.D., in his official capacity as the Commissioner, Indiana State Department of Health; and Greg Zoeller, in his official capacity as Indiana Attorney General, Defendants. Midori Fujii; Melody Layne and Tara Betterman; Scott and Rodney Moubray-Carrico; Monica Wehrle and Harriet Miller; Gregory Hasty and Christopher Vallero; Rob MacPherson and Steven Stolen, individually and as parents and next friends of L. M.-C. and A. M.-S., Plaintiffs, v. Governor, State of Indiana, in his official capacity; Commissioner, Indiana State Department of Health, in his official capacity; Commissioner, Indiana State Department of Revenue, in his official capacity; Clerk, Allen County, Indiana, in her official capacity; Clerk, Hamilton County, Indiana, in her official capacity, Defendants. Officer Pamela Lee, Candace Batten-Lee, Officer Teresa Welborn, Elizabeth J. Piette, Batallion Chief Ruth Morrison, Martha Leverett, Sergeant Karen Vaughn-Kajmowicz, Tammy Vaughn-Kajmowicz, and J.S. V., T.S. V., T.R.V. by their parents and next friends Sergeant Karen Vaughn-Kajmowicz and Tammy Vaughn-Kajmowicz, Plaintiffs, v. Mike Pence, in his official capacity as Governor of the State of Indiana; 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, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

Signed June 25, 2014.


Attorney(s) appearing for the Case

Barbara J. Baird , The Law Office of Barbara J. Baird, Indianapolis, IN, Brent Phillip Ray , Jordan Heinz , Kirkland & Ellis LLP, Chicago, IL, Camilla B. Taylor , Christopher R. Clark , Lambda Legal Defense and Education Fund, Inc., Chicago, IL, Paul D. Castillo, Dallas, TX, for Plaintiffs.

Robert V. Clutter , Kirtley, Taylor, Sims, Chadd & Minnette, P.C., Lebanon, IN, Elizabeth A. Knight , Valparaiso, IN, John S. Dull , Law Office of John S. Dull, PC, Merrillville, IN, Nancy Moore Tiller , Nancy Moore Tiller & Associates, Crown Point, IN, Omas M. Fisher , Office of the Attorney General, Indianapolis, IN, Darren J. Murphy , Howard & Associates, Noblesville, IN, for Defendants.


ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

RICHARD L. YOUNG, Chief Judge.

The court has before it three cases, Baskin v. Bogan, Fujii v. Pence, and Lee v. Pence. All three allege that Indiana Code Section 31-11-1-1 ("Section 31-11-1-1"), which defines marriage as between one man and one woman and voids marriages between same-sex persons, is facially unconstitutional. Plaintiffs in the Baskin and Fujii cases challenge the entirety...

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