Case 1:14-cv-00404-RLY-TAB Document 23 Filed 04/03/14 Page 1 of 4 PageID #: 123

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

MIDORI FUJII, et al., Plaintiffs, v. GOVERNOR, STATE OF INDIANA, in his official capacity, et al., Defendants.

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No. 1:14-cv-404 RLY-TAB

Motion for Preliminary Injunction COME NOW Plaintiffs, by their counsel, and respectfully request that this Court preliminarily enjoin (a) the Commissioner of the Indiana State Department of Revenue to allow same-sex spouses to file state income-tax returns in the same manner as opposite-sex spouses, (b) the Commissioner of the Indiana State Department of Health to change all appropriate forms to recognize same-sex marriage applications and marriages, and (c) all defendants from enforcing Indiana Code § 31-11-1-1 in any and all manners. In support of this Motion, the plaintiffs state as follows: 1. This action challenges the constitutionality of Indiana Code § 31-11-1-1, which prohibits same-sex couples from getting married in Indiana and prohibits Indiana from recognizing marriages between same-sex couples performed out-of-state. 2. 3. The plaintiffs are likely to prevail on the merits of their legal claims. Absent a preliminary injunction, the plaintiffs are being and will be caused irreparable harm by the continued enforcement of the challenged statute for which there is no adequate remedy at law.

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Case 1:14-cv-00404-RLY-TAB Document 23 Filed 04/03/14 Page 2 of 4 PageID #: 124

4.

The balance of harms favors the plaintiffs, and the public interest will be served by the issuance of a preliminary injunction.

5. 6.

The preliminary injunction should issue without bond. In further support of this motion, the plaintiffs will file their evidentiary materials and memorandum of law no later than April 11, 2014.

7.

Contemporaneously with this Motion, the plaintiffs are filing their Motion to Consolidate Preliminary Injunction Proceedings with Final Trial on the Merits.

8.

The plaintiffs request that this Court establish a briefing schedule and set a hearing on this Motion. WHEREFORE, the plaintiffs respectfully request that this Court issue the above-

described preliminary injunction, and request all other proper relief.

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Case 1:14-cv-00404-RLY-TAB Document 23 Filed 04/03/14 Page 3 of 4 PageID #: 125

/s/ Kenneth J. Falk Kenneth J. Falk No. 6777-49 /s/ Gavin M. Rose Gavin M. Rose No. 26565-53 ACLU of Indiana 1031 E. Washington St. Indianapolis, IN 46202 317/635-4059 fax: 317/635-4105 kfalk@aclu-in.org grose@aclu-in.org James Esseks Motion for Admission Pro Hac Vice Pending Chase Strangio Motion for Admission Pro Hac Vice Pending American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 212/549.2627 fax: 212/549-2650 jesseks@aclu.org cstrangio@aclu.org Counsel for plaintiffs Wehrle, Miller, Hasty, Vallero, MacPherson, Stolen, A.M.-S.

/s/ Sean C. Lemieux Sean C. Lemieux No. 16778-49 Lemieux Law 23 E. 39th St. Indianapolis, IN 46205 317/985-5809 fax: 866/686-2901 sean@lemieuxlawoffices.com Counsel for plaintiffs Fujii, Layne, Betterman, L.M.-C., Scott and Rodney MoubrayCarrico

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Certificate of Service I certify that a copy of the foregoing was filed electronically on this 3rd day of April, 2014. The following parties will be served by operation of the Court’s electronic system. Thomas M. Fisher Solicitor General Office of the Attorney General tom.fisher@atg.in.gov I further certify that a copy of the foregoing was served on the below named persons by first class U.S. postage, or via certified mail, on this 3rd day of April, 2014. Commissioner, Indiana State Department of Revenue 100 North Senate Ave., Rm. N-248 Indianapolis, IN 46204 Clerk, Allen County, Indiana Allen County Courthouse 715 S. Calhoun St. Room 200A Fort Wayne, IN 46802 Clerk, Hamilton County, Indiana One Hamilton County Square Suite 157 Noblesville, IN 46060

/s/ Gavin M. Rose Attorney at Law

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