The out-of-state marriage of a lesbian couple from Munster, one of whom is terminally ill, will continue to be recognized by Indiana a while longer, under a federal court judge’s ruling Thursday.
U.S. District Judge Richard Young on Thursday ruled that the state must continue to recognize the 2013 marriage of Niki Quasney and Amy Sandler, both 37, of Munster throughout the court proceedings involving a broader case in which Young will rule on whether the state’s ban on same-sex marriages would be abolished.
An emergency order calling for the state’s recognition of the marriage issued earlier by Young was set to expire on Thursday.
Young did not indicate when he would rule on the broader issue, which along with the couple’s immediate recognition, is part of the lawsuit Baskin v. Bogan.
“We are so relieved. We are so thankful that we can move forward and concentrate on being with each other. Our time together and with our daughters is the most important thing in the world to me,” Quasney said.
Quasney and Sandler were married in Massachusetts, where same-sex marriage is legal. They’ve been together 13 years and have two daughters, ages 3 and 1.
They are among five couples who are plaintiffs in the lawsuit Baskin v. Bogan, which was filed by Lambda Legal on March 10 in U.S. District Court in the Southern District of Indiana. Two other couples are from Northwest Indiana as well.
Lambda Legal asked that Sandler’s and Quasney’s request be heard on an emergency basis due to Quasney’s medical circumstances.
Quasney was diagnosed with advanced ovarian cancer, and the couple fear Sandler’s ability to collect Social Security and other death benefits would be harmed if their marriage isn’t recognized.
Indiana law defines marriage as between one man and one woman. The state does not recognize same-sex marriages or civil unions conducted in other states.
Attorneys for the state contend there are other legal ways for Sandler to obtain property benefits, including through a will, creating a trust or transferring property to each other. The state also argued that it had no power over the federal Social Security program or other benefits the couple named.
The state also argued that Indiana law doesn’t prevent gay couples from marrying, so long as they marry members of the opposite sex.
“The traditional definition of marriage has been around a long time,” the attorney general’s office argued in court briefs.
Paul Castillo, staff attorney for Lambda Legal, said, “Indiana has no justification whatsoever for denying them dignity and respect as a family during this extremely difficult time.”
Castillo said he was relieved and happy for Quasney and Sandler, but his work is not done in Indiana.
“All same-sex couples in Indiana need the security only marriage provides,” Castillo said.
Quasney said she looks forward to the day when all same-sex couples in Indiana have the freedom to marry.
Young did not indicate when he would make a ruling on that issue.
Attorneys for both sides expect the lawsuit and several like it throughout the country to eventually land before the U.S. Supreme Court. Rulings striking down gay-marriage bans in Michigan, Oklahoma, Utah and Virginia are already being appealed.
The Associated Press contributed to this report.