What it cost Indiana to fight same-sex marriage

The state paid more than $1.4 million in fees to plaintiffs’ attorneys in five federal court cases that challenged — and ultimately helped overturn — Indiana’s ban on same-sex marriages, according to the attorney general’s office.

Same-sex marriages became legal in Indiana last year through two federal rulings, essentially sealed when the U.S. Supreme Court declined to take up an appeal by Indiana and four other states.

That resolved the five lawsuits in favor of the plaintiffs, leaving the state of Indiana to foot the bill for their legal costs.

Indiana is not involved in the Supreme Court’s current weighing of same-sex marriage. When a conflict emerged among federal rulings throughout the country on same-sex marriage, the Supreme Court took up the issue, hearing arguments in April. It is expected to rule this summer.

Here’s how much Indiana spent on each of the five federal cases, according to information provided by the state attorney general’s office:

•The most costly case for the state was that of Amy Sandler and Niki Quasney, a Munster couple who fought to have their marriage recognized as Quasney was dying of cancer. Theirs became the lead case in Indiana on same-sex marriage. Quasney died in February — as a legally recognized married woman. The state paid a total of $650,000 to two law firms in this case, including Lambda Legal.

•The American Civil Liberties Union was part of a lawsuit filed on behalf of six couples, a widow and two children. The widow, Midori Fujii, was not allowed to make funeral decisions after her wife died, because Indiana did not recognize their same-sex marriage, which had been perfomed in California. That also created an inheritance tax issue. In this case, Indiana paid about $196,000 in fees.

•Four public servants — police officers and a fire battalion chief — sued after the state would not recognize their same-sex spouses as pension beneficiaries. This case, filed by Indiana Equality Action, cost the state about $336,000 in fees.

•Four same-sex couples filed a federal lawsuit for the legal right to marry or have their out-of-state marriages recognized. The case was brought against Gov. Mike Pence but was dismissed after a question was raised over whether he was the proper defendant to be named, “because the Governor cannot remedy the harms alleged by them,” as the court noted. The state paid $45,000 in fees for this case.

•Another lawsuit was filed by two same-sex couples seeking to have their out-of-state marriages recognized in Indiana. The state paid $195,000 in fees.

In addition, the attorney general’s office said it spent about $7,000 on printing, filing fees and other related costs in the lead case.

Call Star reporter Stephanie Wang at (317) 444-6184. Follow her on Twitter: @stephaniewang.