Taylor v. Brasuell
Case #: 1:14-cv-00273 (Federal District Court)
Court Level: Federal District Court (9th)
Date Filed: 7 July 2014
Date of Ruling: 9 July 2015
- Madelynn Lee Taylor,a Navy veteran, sued the Idaho Division of Veterans Services for the right to be buried with her wife in the Idaho State Veterans Cemetery.
- 17 October 2014, Kevin Wallior of the Idaho Veterans Affairs Commission confirmed to Boise Weekly that Taylor was finally filling out the requisite paperwork to have Mixner's ashes interred with her own at the time of Taylor's passing.
- 29 October 2014, plaintiff filed a Motion for Summary Judgment. Ms. Taylor seeks "the assurance of a final judgment order so that upon [her] death, [her] burial wishes as a veteran of the United States Navy will be honored, and [her] remains interred with [her] spouse and not subject to further change by the Idaho Veterans Services or State policy."
- 29 October 2014, the defendants filed a Motion to Dismiss.
- 24 November 2014, the plaintiff filed her Opposition to motion to dismiss.
- 24 November 2014, the defendants filed their Opposition to summary judgment in favor of plaintiff.
- 11 December 2014, the plaintiff's Reply in support of Summary Judgment, and the defendants' Reply in support of Motion to Dismiss.
- 16 December 2014, an Order to Show Cause was issued - parties are to submit briefs by 9 January 2015 detailing why this case shouldn't be stayed pending resolution of appeal before the 9th Circuit.
- 9 January 2015, the Parties' filed their Responses to the Court's order to brief on why this case should not be stayed pending final resolution of the Idaho marriage case Latta (immediately below) in the 9th Circuit: Defendant's Response; Plaintiffs' Response. NOTE: These responses were due and filed before the 9th Circuit issued the order saying it would not rehear Latta.
- 9 July 2015, the Decision and Order were issued - Denying the Defendants' motion to dismiss and Granting the Plaintiff's motion for summary judgment. Per Equality Case Files:
"Ms.Taylor is entitled to have the assurance that there is a court order in place requiring that what she has a right to have happen if she were to pass away today, will happen when she does pass away. That is the relief she seeks and, equally importantly, her right.
"Therefore, upon her death, Ms. Taylor shall be interred with her deceased spouse, Ms. Mixner, at the Idaho State Veterans Cemetery. Moreover, the State of Idaho, its political subdivisions, and its officers, employees, and agents, are enjoined from enforcing any constitutional provision, statute, regulation, or policy preventing qualified same-sex couples from being buried or interred together at the Idaho State Veterans Cemetery which, if the spouses were not of the same sex, would be otherwise valid under the laws of the state."