Indiana state government still appealing recognition of dying lesbian’s marriage

Indiana’s Attorney General is continuing to appeal the legal recognition of a lesbian couple’s marriage that a judge ordered so a dying woman can have her wife recorded on her death certificate

Indiana state government still appealing recognition of dying lesbian’s marriage
09 May 2014

The Indiana state government is continuing to appeal a court order recognizing the out of state marriage of a lesbian couple granted so that a dying woman can have her wife recorded on her death certificate.

37-year-old mother of two Niki Quasney has stage IV ovarian cancer and District Court Judge Richard Young placed a temporary restraining order on the Indiana Government in April requiring it to recognize her as the spouse of wife Amy Sandler when she dies.

However the state’s Attorney General’s office is continuing to seek an appeal of the decision as the court weighs the wider issue of the legality of all same-sex marriages in Indiana.

Quasney and Sandler’s lawyers have argued that if their marriage is not recognized Sandler will have difficulty collecting Social Security and other death benefits that would automatically be awarded to a married heterosexual couple in the state when Quasney dies.

The Indiana state government contends that its ban on same-sex marriage does not allow for a hardship exemption and says the couple can safeguard Sandler’s needs via a will or by creating a trust or by transferring property to Sandler before Quasney dies.

Justice Young extended the restraining order guaranteeing Sandler’s recognition on her wife’s death certificate on Thursday and has said that he is not convinced that Indiana’s ban on same-sex marriage would not be found unconstitutional in line with other state bans that have been ruled as such.

‘We are so thankful that we can move forward and concentrate on being with each other,’ Quasney said in a statement distributed by Lambda Legal.

‘Our time together and with our daughters is the most important thing in the world to me. I look forward to the day when all couples in Indiana have the freedom to marry.’

HAVE YOUR SAY

MORE TOP STORIES

No thumbnail available

Gay couples sue to have rest of Kentucky's marriage ban overturned

Judge already ruled state must recognize out of state same-sex marriages - lawsuit seeks to have ceremonies take place in Kentucky
No thumbnail available

REVIEW: 54 – The Director's Cut of 54

Presented as part of the BFI's Flare Festival, 54 has been vastly improved in this restored version and has us dreaming of Ryan Phillippe
No thumbnail available

New research says most sexually active gay men could still benefit from the HPV vaccine

Irish researchers have found that nearly half of HIV positive gay men would still benefit from receiving the HPV vaccine while 77% of HIV negative gay men would benefit
No thumbnail available

Gambia President ignores calls for gay rights in Africa

Gays 'destroy our culture', says the President of Gambia in West Africa
Proud lesbian teacher explains how she 'comes out every year' to students

Proud lesbian teacher explains how she 'comes out every year' to students

Drama teacher Emma Baldry also reveals how she attempted suicide because of homophobic bullying when she was at school
No thumbnail available

Mexico politician: Gays shouldn’t marry ‘as they don’t face each other during sex’

Congresswoman Ana María Jiménez Ortiz has caused controversy for claiming marriage should be reserved for those who can look at each other during the eye during intercourse
No thumbnail available

Miss Singapore 2012 contestants debate transgender competition

All Miss Universe beauty contests will have to accept transgender women from 2013, following Jenna Talackova’s successful campaign earlier this year
No thumbnail available

Same-sex marriage now legal in Wyoming but there's no stampede for licenses

In contrast to flood of marriages in Nevada and Idaho, Equality State off to slow start
No thumbnail available

Australian trans man to take annulment of marriage to wife to United Nations

Paige Phoenix has had his marriage to his wife annulled by the Victorian state government despite his passport saying he is male and living as a man for seven years but he hopes the United Nations Human Rights Committee will find in his favor
No thumbnail available

GSN gets behind Iceland’s top winter attraction; Rainbow Reykjavik, Winter Pride 2014

Gay Star News today announces (14 November 2013) our media partnership with Pink Icelandand Rainbow Reykjavik