Judge orders Indiana to recognize same-sex couple's marriage

Amy Sandler and Niki Quasney

A federal judge ordered the state of Indiana to recognize the Massachusetts marriage of a lesbian couple in light of terminal illness diagnosis.

From IndyStar:

Judge Richard Young heard arguments in Evansville, where attorneys for Amy Sandler and Niki Quasney argued for immediate recognition of the couple's Massachusetts marriage via a temporary restraining order. Quasney, of Munster, was diagnosed in 2009 with ovarian cancer and is terminally ill.

The order will last for 28 days. A preliminary injunction hearing will be scheduled by that time, though Young could choose to extend the order.

The couple argued that the emergency request for recognition is about recognizing a family. The couple have said that they need their marriage to be recognized so they can access federal and state safety nets for surviving spouses and their children.

Solicitor General Tom Fisher, arguing for the state, said that the current ban on same-sex marriage doesn't have a "hardship exception" and that if the law should change after Quasney's death a petition could be filed to amend the death certificate.