Professors at Indiana University’s Maurer School of Law said they weren’t surprised by a federal judge’s order for Indiana to recognize the out-of-state marriage of a gay couple before one of the women dies of cancer.
“It’s consistent with the conclusion other federal courts have come to on this issue,” said Steve Sanders, associate professor of law.
On Thursday, U.S. District Court Judge Richard L. Young in Evansville granted the request by Niki Quasney and Amy Sandler for a temporary restraining order that forces Indiana to recognize their particular out-of-state marriage. Young’s decision does not affect other lawsuits challenging Indiana’s marriage law; five such cases have been assigned to Young, chief judge of U.S. District Court for the Southern District of Indiana.
It does mean, however, that there’s a chance the judge might rule in favor of other plaintiffs challenging the ban, said Deborah Widiss, associate law professor.
“If it was impossible, you would not see the court issue a (temporary restraining order),” she said.
Sanders said he agreed, based on the recent trend of other federal judges ruling against gay marriage bans in other states. He said in every federal case since last summer, federal judges have ruled for the plaintiffs.
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