Baskin v. Bogan
| Baskin v. Bogan | |
|---|---|
No. 14-2386
|
|
| Court | United States Court of Appeals for the Seventh Circuit |
| Full case name | Marilyn Baskin, et al., Plaintiffs, v. Penny Bogan, et al., Defendants. |
| Argued | August 26, 2014 |
| Decided | September 4, 2014 |
| Citation(s) | 766 F.3d 648 |
| Case history | |
| Prior action(s) |
Court of Appeals (7th Cir.): June 30, 2014: Expedited review ordered. June 2, 2014: Emergency stay pending appeal ordered. District Court (S.D. Ind.): June 25, 2014: Judgment for plaintiffs entered, 12 F. Supp. 3d 1144. May 8, 2014: Preliminary injunction granted, 2014 WL 1814064. Apr. 10, 2014: Temporary restraining order granted, 2014 U.S. Dist. LEXIS 54036. |
| Subsequent action(s) |
U.S. Supreme Court |
| Holding | |
| The district court's decision is affirmed. | |
| Court membership | |
| Judge(s) sitting | Richard Posner, David Hamilton, Ann Claire Williams |
| Keywords | |
| Same-sex marriage | |
Court of Appeals (7th Cir.):
June 30, 2014: Expedited review ordered.
June 2, 2014: Emergency stay pending appeal ordered.
District Court (S.D. Ind.):
June 25, 2014: Judgment for plaintiffs entered, 12 F. Supp. 3d 1144.
May 8, 2014: Preliminary injunction granted, 2014 WL 1814064.
U.S. Supreme Court
Baskin v. Bogan, the lead Indiana case challenging that state's denial of marriage rights to same-sex couples, was filed in federal district court on March 12, 2014, naming several government officials as defendants. Chief Judge Richard L. Young found for the plaintiffs on June 25. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld the district court ruling in a unanimous decision on September 4.
Lambda Legal filed Baskin v. Bogan in the U.S. District Court for the Southern District of Indiana on March 12, 2014, on behalf of three same-sex couples, all women. Their complaint named as defendants Indiana Attorney General Greg Zoeller and three county clerks, with one of the county clerks, Penny Bogan, in her official capacity, as the first-named defendant.
Baskin took precedence over the other Indiana marriage cases because one of the plaintiffs, Nikole Quasney, was terminally ill with ovarian cancer. As to her and her partner, U.S. District Judge Richard L. Young granted immediate relief, issuing a 28-day duration emergency order on April 10 and, after oral arguments on May 8 on a motion for summary judgment, a preliminary injunction directing the state parties to recognize the validity of the Quasney's Massachusetts marriage. In doing so, the court temporarily withdrew the motion for as to the rest of the plaintiffs, with Judge Young reasoning it makes a stronger case for the terminally ill couple while also allowing the rest a resolution on the merits without causing undue confusion in case of an appeal.
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