Alisha Brennon has filed suit for tens of millions of dollars for the death of her wife Christina Santiago, the well-known LGBT health advocate who died in the Indiana State Fair collapse in August.
The suit could challenge to Indiana's lack of same-sex partner recognition.
"It's like building a house," said Kenneth J. Allen, a personal injury attorney representing Brennon. "That would create precedent…I think we've got a good shot at moving the equality ball forward."
Brennon and Santiago had a civil union in Illinois a month before the catastrophe. However, it remains unclear how their relationship will be interpreted in Indiana, where same-sex partner recognition does not exist.
Allen has also filed similar suits on behalf of another lesbian widow, Beth Urschel whose wife, Tammy VanDamm, also died in the collapse. He said the two cases will tackle LGBT discrimination in the state.
"I don't believe in Indiana we could ever rely on the legislature to do that," Allen said.
Windy City Times reported in early September that Brennon intended to file suit for "a substantial amount."
Allen confirmed that amount is $60 million in damages against a laundry list of defendants that includes state fair officials and companies involved in the concert production. Among them is Mid-America Sound Corporation, which owned the collapsed stage.
"It's a huge number, but it's a huge loss," said Allen.
Brennon has also joined a federal class action suit which names Indiana Governor Mitchell Daniels and Attorney General Gregory Zoeller. The suit claims that Indiana torts law, which caps damages the state must award for single incidents at $5 million, is unconstitutional.
"It's like taking a bowl of crumbs and throwing it towards a flock of pigeons," Allen said. "It's important that their lives be valued for what they were."
Allen, who identifies as heterosexual, said the lawsuits are the first round of fire against same-sex partner discrimination in Indiana.
Allen has been in conversations with Lambda Legal about the lawsuit, the organization confirmed.
Camilla Taylor, marriage project director at Lambda Legal would not comment on whether or not Lambda Legal would be jumping into the fray.
"As to whether or not we have a formal role right now, we're certainly not on the papers," Taylor said.
Still she said, she believes there is an argument to be made for granting relief to surviving same-sex partners in wrongful death suits, even in states that don't legally recognize them.
"It certainly is an effort to get legal respect," she said.