Marriage Equality USA

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Lawsuits - Pending

Summers v. Whitis

Case #: 4:15-cv-93
Court Level: Federal District Court
Date Filed: 17 July 2015
Date of Appeal:


  • Linda G. Summers, a former employee in the county clerk's office in Harrison County IN, is suing for employment discrimination based on allegations of religious discrimination. She was fired in December 2014 after refusing to issue a marriage license to a same-sex couple. 
Henderson v. Adams

Case #: 1:15-cv-220
Court Level: Federal District Court (7th)
Date Filed: 13 February 2015
Date of Appeal: 


  • 13 February 2015, this is lawsuit filed for a Lafayette couple, Ruby and Ashlee Henderson, against Tippecanoe County and state health officials, contending that the women should be allowed to have both of their names listed as parents on their son's birth certificate.
  • 13 February 2015, Same-sex moms demand names on son's birth record - By Dave Bangert, Lafayette Journal & Courier @ JConline 
  • 11 March 2015, an Amended Complaint was filed, adding new parties - both plaintiffs and defendants.
  • 7 April 2015, a scheduling order was filed setting an initial pretrial telephonic conference for Tuesday, May 12, 2015 at 4:20 p.m.
  • 9 April 2015, Indiana State Health Commissioner Dr. Jerome M. Adams filed his answer to amended complaint.
  • 4 May 2015, the Marion County defendants filed their Answer to the plaintiffs' Amended Complaint. The parties' case management plan was also filed.
  • 12 May 2015, a Minute Entry from the May 12 Initial Pretrial Conference was filed.
  • 13 May 2015, the judge issued a Case Management Plan.
  • 26 May 2015, the plaintiffs asked to file a second amended complaint, adding new parties. From EQCF: Per the motion, the new complaint adds "three additional families: Lyndsey and Cathy Bannick, a married couple and H.N.B. by his parent and next friend, Lyndsey Bannick; Calle and Sarah Janson and Unborn Baby Doe by his/her next friend and mother-to be Calle Janson; Nikkole McKinley-Barrett and Donnica Barrett, a married couple and G.R.M.B., by his mother and next friend, Donnica Barrett. "Additionally, the proposed second amended complaint adds defendants from the Vigo County Health Department and the Bartholomew County Health Department."
Bowling, Bowling & Bruner v. IN Governor Michael Pence

Case #: 1:14-CV-0405
Court Level: Federal District Court (7th)
Date Filed: 14 March 2014
Date of Appeal: 20 August 2014


  • Two lesbian women filed a federal lawsuit to have their IA marriage recognized by IN, and an additional plaintiff sued because her IA marriage was never recognized by IN.
  • Assigned to same judge hearing Love v. Pence and Baskin v. Bogan.
  • 21 April 2014, plaintiffs filed a motion for summary judgment.
  • 29 May 2014, defendants filed their motion for summary judgment and opposition to plaintiffs’ motion for summary judgment.
  • 20 July 2014, the defendants filed an Anticipatory Motion for Stay of Judgment Pending Appeal asking the court to stay all judgments pending appeal to the 7th Circuit.
  • 19 August 2014, District Court Judge Richard Young, ruled finding in favor of the plaintiffs. The court ordered Indiana officials to end enforcement of all laws that allow the state to treat the marriages of same-sex couples differently than the marriages of heterosexual couples. He also ordered the state to allow married same-sex couples to file joint tax returns, and to provide benefits to married same-sex couples. The ruling granted the plaintiff's motion for summary judgment, denied the defendants' motion for summary judgment, and granted the defendants' motion for stay pending appeal. The decision was based on the Fourteenth Amendment's Equal Protection Clause. (Judge Young ruled on 25 June 2014 in Baskin v. Bogan, above, that Indiana's ban on marriage equality is unconstitutional.)
  • The judge used his August 19th ruling to take aim at Governor Michael Pence, calling Pence's previous claim to be removed as a defendant a "bold misrepresentation" (an outfront lie). Judge Young took exception to Gov. Pence's actions and reinstated him as a defendant. 
  • 20 August 2014, the state filed for an appeal to today's ruling to the 7th Circuit Court of Appeals.
Melissa Love, et al., v. IN Governor Michael Pence

Case #: 4:14-CV-15
Date Filed: 7 March 2014
Ruling Date: 25 June 2014 - Case reinstated on 16 September 2014


  • Clay Daniel Walton & Adams filed a federal lawsuit for 4 IN couples seeking marriage rights and an overturning of the state ban on same-gender civil marriage.
  • 25 June 2014, in Baskin v. Bogan, "For the reasons set forth below, the court finds that Indiana’s same sex marriage ban violates the due process clause and equal protection clause and is, therefore, unconstitutional."
  • 25 June 2014,The Governor’s Motion to Dismiss was granted. "Plaintiffs have failed to establish that the Governor has the authority to enforce, or plays any other role respecting, Indiana’s Defense of Marriage Act. Thus, the injuries of which Plaintiffs complain – i.e., the recognition of out-of-state same sex marriages and the issuance of a valid marriage license to a same sex couple – are not fairly traceable to the actions of the Governor, and cannot be redressed by the Governor."
  • "Plaintiffs also ask for leave to amend their Complaint under Federal Rule of Civil Procedure 15 “to include the defendants this Court deems proper.” This request is likewise denied. It is not the business of the court to inform Plaintiffs who they should sue as party defendants."
  • 25 June 2014,the plaintiffs’ motion for injunctive relief was denied as moot.
  • Although previously dismissed, the plaintiffs later asked for this case to be reconsidered, in light of the fact that Gov. Pence was taking an active role in the enforcement of IN's marriage laws. On 16 September 2014, an order in response to that request for reconsideration reinstated the lawsuit in part, the part that involves recognition only.

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