IN THE

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Nos. 14-2386, 14-2387, 14-2388


MARILYN RAE BASKIN, et al.,

Plaintiffs/Appellees,

v.

PENNY BOGAN, in her official capacity as Boone County Clerk, et al.,

Defendants/Appellants.

On Appeal from the United States District Court for the
Southern District of Indiana, Nos. 1:14-cv-355-RLY-TAB, 1:14-cv-404-RLY-TAB,
1:14-cv-406-RLY-MJ D
The Honorable Richard L. Young, Chief J udge


RESPONSE IN OPPOSITION TO PLAINTIFFS-APPELLEES QUASNEY AND
SANDLERS EMERGENCY MOTION TO LIFT THE COURTS STAY IN PART


On J une 27, 2014, this Court granted the Defendants Emergency Motion for Stay
Pending Appeal. Plaintiffs Niki Quasney and Amy Sandler now ask this Court to lift its stay as
to the two of them only. The Court should deny Quasney and Sandlers motion.
ARGUMENT

As human beings, the defendant state officials and their lawyers cannot help but
empathize with the plight of Niki Quasney and Amy Sandler. All concerned express their
sympathy to the couple and their family, and no one doubts the sincerity or personal importance
of their appeals to a sense of dignity, pride, and inclusion as reasons for bringing this case and
making their motion to this Court. But Indiana marriage law, which both the Supreme Court and
this Court have indicated should remain in force during the pendency of same-sex marriage
Case: 14-2386 Document: 17-1 Filed: 07/01/2014 Pages: 4
2

appeals, permits no hardship exceptions for recognition of same-sex marriages. Indeed, mindful
that this request involves just one couple in very narrow and sympathetic circumstances, and that
it is not merely the Court and parties but the general public that is watching this case, the State
has extensively researched this matter but can find no provision within our legal system that
would allow for some extraordinary relief, or humanitarian exception to the rule of law that
would grant what petitioners request. If this Court can find such an exception that would apply,
this circumstance surely warrants its use.
Having not found a legal exception, the State must oppose the motion, and in so doing
stand on its prior arguments, made in detail in the attached documents, including the Declaration
of Hilari A. Sautbine [Defs. Ex. 1]; Defendants Combined Memorandum in Support of their
Motion for Summary J udgment and in Opposition to Plaintiffs Motions for Preliminary
Injunction and Motion for Summary J udgment [Defs. Ex. 2] at 7-18; and Brief and Required
Short Appendix of Appellants [Defs. Ex. 2] at 11-18.
CONCLUSION
For the foregoing reasons, the Court should DENY Plaintiffs-Appellees Quasney and
Sandlers Emergency Motion to Lift the Courts Stay in Part.




Office of the Attorney General
IGC South, Fifth Floor
302 W. Washington Street
Indianapolis, IN 46204
Tel: (317) 232-6255
Fax: (317) 232-7979
Tom.Fisher@atg.in.gov


Respectfully submitted,


Gregory F. Zoeller
Attorney General of Indiana
s/ Thomas M. Fisher
Thomas M. Fisher
Solicitor General
.
Counsel for Greg Zoeller and William C.
VanNess II, M.D



Case: 14-2386 Document: 17-1 Filed: 07/01/2014 Pages: 4
3

CERTIFICATE OF SERVICE

I hereby certify that on J uly 1, 2014, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system, which sent notification of such filing to the following:

No. 14-2386

Paul D Castillo
Camilla B. Taylor
Lambda Legal Defense & Education Fund, Inc.
pcastillo@mail.lambdalegal.org
ctaylor@lambdalegal.org

Brent Phillip Ray
J ordan Heinz
Melanie MacKay
Scott Lerner
Dmitriy Tishyevich
Kirkland & Ellis LLP
brent.ray@kirkland.com
jordan.heinz@kirkland.com
melanie.mackay@kirkland.com
scott.lerner@kirkland.com
dmitriy.tishyevich@kirkland.com

Barbara J . Baird
The Law Office Of Barbara J Baird
bjbaird@bjbairdlaw.com
Robert V. Clutter
Kirtley, Taylor, Sims, Chadd & Minnette,
P.C.
bclutter@kirtleytaylorlaw.com

Darren J . Murphy
Assistant Hamilton County Attorney
dmurphy@ori.net

No. 14-2387

Chase Strangio
American Civil Liberties Union
cstrangio@aclu.org

Thomas Alan Hardin
Shine & Hardin LLP
thardin@shineandhardin.com

Kenneth J . Falk
ACLU Of Indiana
kfalk@aclu-in.org

Sean C. Lemieux
Lemieux Law
sean@lemieuxlawoffices.com


No. 14-2388

Karen Celestino Horseman, Of Counsel
Austin & J ones, PC
karen@kchorseman.com

William R. Groth
Fillenwarth Dennerline Groth & Towe LLP
wgroth@fdgtlaborlaw.com


Case: 14-2386 Document: 17-1 Filed: 07/01/2014 Pages: 4
4


I further certify that on J uly 1, 2014, I e-mailed courtesy copies of this filing to the
following counsel of record in the District Court:

No. 14-2386

Nancy Moore Tiller
Nancy Moore Tiller & Associates
nmt@tillerlegal.com
J ohn S. Dull
Law Office of J ohn S. Dull, PC
jsdull@yahoo.com





No. 14-2388

Mark W. Sniderman
Sniderman Nguyen LLP
mark@snlawyers.com

Kathleen M. Sweeney
Sweeney Hayes LLC
ksween@gmail.com

Elizabeth A. Knight
Porter County Administrative Center
eknight@porterco.org










s/ Thomas M. Fisher
Thomas M. Fisher
Solicitor General

Office of the Attorney General
Indiana Government Center South 5th Floor
302 W. Washington St.
Indianapolis, IN 46204-2770
Phone: (317) 232-6255
Fax: (317) 232-7979
Email: Tom.Fisher@atg.in.gov
Case: 14-2386 Document: 17-1 Filed: 07/01/2014 Pages: 4