Baskin v. Bogan, 2014 U.S. Dist. LEXIS 63421

Amy and Niki have been together over 13 years and are parents to two children.
They married in Massachusetts (2013) after a Illinois civil union (2011).
Niki has Stage IV ovarian cancer with limited survival; death is imminent.
Plaintiffs challenge Indiana Code 31-11-1-1(b) which voids or does not recognize out-of-state same-sex marriages.
Court granted TRO earlier; now grants a preliminary injunction requiring Indiana to recognize their marriage for death certificate purposes if Niki dies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to seek preliminary injunction	Niki and Amy suffer concrete, imminent harm	Plaintiffs lack redressable injury	Plaintiffs have standing.
Equal protection viability of Indiana statute	Statute violates equal protection post-Windsor	Rational basis with traditional marriage interest	Plaintiffs have a reasonable likelihood of success on equal protection.
Due process viability of recognition	Right not to be deprived of existing marriage	Recognition is comity, not right	Plaintiffs have a likelihood of success on due process.
Irreparable harm	Constitutional injury and death-certainty harms irreparable	Harm is compensable by damages	Irreparable harm shown.
Balance of harms/public interest	Public interest favors enforcing constitutional guarantees	State interests in uniform marriage laws	Injunction appropriate; public interest favors relief.

United States v. Windsor, 133 S. Ct. 2675 (U.S. 2013) (declares post-Windsor framework relevant to equal protection of same-sex marriages)
Loving v. Virginia, 388 U.S. 1 (U.S. 1967) (strict scrutiny of liberties in marriage and due process implications)
Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (constitutional rights can show irreparable harm in preliminary injunctions)
Preston v. Thompson, 589 F.2d 300 (7th Cir. 1978) (continuing constitutional violations constitute irreparable harm)