Case 2:14-cv-00200-SWS Document 7 Filed 10/08/14 Page 1 of 13
Tracy L. Zubrod ZUBROD LAW OFFICE, PC 219 East 18th Street Cheyenne, WY 82001 Telephone: (307) 778-2557 Facsimile: (307) 778-8225 Email: zubrod@aol.com
L. James Lyman* Thomas W. Stoever, Jr. ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4400 Denver, Colorado 80202-1370 Telephone: (303) 863-1000 Facsimile: (303) 832-0428 Email: james.lyman@aporter.com
Qusair Mohamedbhai RATHOD MOHAMEDBHAI LLC 1518 Blake Street Denver, CO 80202 Telephone: (303) 578-4400 Facsimile: (303) 578-4401 Email: qm@rmlawyers.com
Shannon P. Minter* Christopher F. Stoll* NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street, Suite 370 San Francisco, CA 94102 Telephone: (415) 365-1335 Facsimile: (415) 392-8442 Email: sminter@nclrights.org
Attorneys for Plaintiffs

Case 2:14-cv-00200-SWS Document 7 Filed 10/08/14 Page 2 of 13

UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

)

Plaintiffs,

)

)

Anne Marie Guzzo and Bonnie Robinson;

)

Ivan Williams and Charles Killion;

)

Brie Barth and Shelly Montgomery;

)

Carl Oleson and Rob Johnston; and

)

Wyoming Equality,

)

)

v.

) Case No. 14-cv-00200-SWS

)

Defendants,

)

)

Matthew H. Mead, in his official capacity

)

as the Governor of Wyoming; Dean Fausset, in his official )

capacity as Director of the Wyoming Department of

)

Administration and Information; Dave Urquidez, in his

)

official capacity as Administrator of the State of Wyoming )

Human Resources Division; and Debra K. Lathrop, in her )

official capacity as Laramie County Clerk,

)

______________________________________________________________________________

PLAINTIFFS’ MOTION AND BRIEF IN SUPPORT OF PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER ______________________________________________________________________________

Plaintiffs, by and through their attorneys, move for a preliminary injunction and

temporary restraining order pursuant to Fed. R. Civ. P. 65. Defendant Lathrop does not oppose

the relief requested and joins in the motion for a temporary restraining order. See Aff. of

Defendant Debra K. Lathrop (Ex. 1). Plaintiffs left a voicemail with Mr. Mead’s counsel this

morning regarding the relief requested, but have received no response.

INTRODUCTION

This is a civil rights action for injunctive and declaratory relief seeking to declare

unconstitutional under the United States Constitution Wyoming’s statute defining marriage as

1

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“between a male and a female person,” Wyo. Stat. § 20-1-101, and Wyoming’s practice of refusing to recognize the marriages of same-sex couples entered in other jurisdictions. The law on this question is clear: “A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.” Kitchen v. Herbert, 755 F.3d 1193, 1199 (10th Cir. 2014). Further, “under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex.” Id. at 1229–30.
The Defendants deny the issuance of marriages licenses, and refuse to recognize the marriages of same-sex couples, based solely on the sex of the persons in the marriage union. In so doing, the Defendants discriminate against Wyoming’s gay and lesbian citizens and deny them access to “the fundamental right to marry, establish a family, raise children, and enjoy the full protection of [Wyoming]’s martial laws,” in violation of the United States Constitution. Kitchen, 755 F.3d at 1199; 1229–30. Each day that Wyoming’s unconstitutional law and practice remains in place and enforced by Wyoming officials, the Defendants inflict severe and irreparable constitutional and practical harms on Plaintiffs and their children.
PARTIES As set forth in the Complaint, Plaintiffs are three same-sex couples who wish to be married in Wyoming and a same-sex couple who are already married and wishes to have their marriage recognized by Wyoming.1 Compl. ¶¶ 23–27. See also Aff. of Plaintiff Bonnie
1 Plaintiff Wyoming Equality’s members include many same-sex couples throughout Wyoming, including residents of Laramie County, who wish to marry and intend to apply for marriage licenses if the Wyoming law and practice prohibiting same-sex couples from marrying are declared unconstitutional as a result of this action. Wyoming Equality’s members also include same-sex couples who lawfully married in other jurisdictions and who wish to have those marriages recognized by their state. Wyoming Equality brings this action in an associational
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Robinson (Ex. 2); Aff. of Plaintiff Anne M. Guzzo (Ex. 3); Aff. of Plaintiff Carl Irvin Oleson (Ex. 4); Aff. of Plaintiff Robert Hays Johnston (Ex. 5); Aff. of Plaintiff Ivan Williams (Ex. 6); Aff. of Plaintiff Chuck Killion (Ex. 7); Aff. of Plaintiff Wyoming Equality (Ex. 8).
Plaintiffs Anne Marie Guzzo and Bonnie Robinson, Ivan Williams and Charles “Chuck” Killion, and Brie Barth and Shelly Montgomery (collectively the “Unmarried Plaintiffs”), are unmarried same-sex couples in committed relationships who desire to marry in Wyoming. The Unmarried Plaintiffs meet all the requirements Wyoming imposes for the issuance of marriage licenses except that they are same-sex couples. Plaintiffs Carl Oleson and Rob Johnston (collectively the “Married Plaintiffs”), were legally married in Canada. However, in their home state of Wyoming, they are treated as legal strangers to their spouses.
ARGUMENT On June 25, 2014, the Tenth Circuit held that state laws that treat same-sex couples differently from opposite-sex couples for purposes of marriage violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. Kitchen, 755 F.3d at 1229–30. Although Kitchen concerned the laws and practice of the State of Utah, the Tenth Circuit was explicit that its holding applied not only to the Utah law in question, but also to “similar statutory enactments,” such as the Wyoming statute at issue in this case. Id. at 1230. On July 18, 2014, the Tenth Circuit likewise held that Oklahoma’s prohibition of marriage for same-sex couples violated due process and equal protection, concluding that “states may not, consistent with the United States Constitution, prohibit same-sex marriages.” Bishop v. Smith, 760 F.3d 1070, 1082 (10th Cir. 2014).
capacity on behalf of its members who desire to marry in Wyoming but are prevented from doing so by enforcement of Wyoming’s law and practice excluding same-sex couples from marriage, or who have married in another state and whose marriages are not recognized by the State of Wyoming.
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The state defendants in both Kitchen and Bishop filed petitions for writs of certiorari in the United States Supreme Court. On October 6, 2014, the United States Supreme Court denied both petitions, and the Tenth Circuit issued its mandate in both cases the same day. See Kitchen v. Herbert, 2014 WL 4960471; Bishop v. Smith, 2014 WL 4960523 (10th Cir. Oct. 6, 2014). The Tenth Circuit’s holding that “under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex,” is now the law of the land in Wyoming. Kitchen, 755 F.3d at 1229–30.
Despite this binding precedent, Defendants Mead, Fausset, and Urquidez (the “Wyoming Defendants”) refuse to allow same-sex couples to marry in Wyoming and refuse to recognize the marriages of same-sex couples who live in Wyoming without direction from the courts, and Defendant Lathrop is declining to issue marriage licenses to otherwise-qualified same-sex couples without further instruction from the courts. Other county clerks also are awaiting instruction from the courts before issuing marriage licenses to same-sex couples. See, e.g., Justices’ ruling might allow Wyoming gay marriage (Associated Press Oct. 7, 2014), http://www.jhnewsandguide.com/jackson_hole_daily/local/justices-ruling-might-allowwyoming-gay-marriage/article_9dbede1e-fb7c-56ef-9f6f-5093b5495c37.html (noting the clerk of Teton County was awaiting judicial instruction before issuing marriage licenses to same-sex couples); Gay marriage expected to begin in Wyoming, (Associated Press Oct. 6, 2014), http://billingsgazette.com/news/state-and-regional/wyoming/gay-marriage-expected-to-begin-inwyoming/article_845ec36a-cac5-574d-9391-9bcdc2ad2a3c.html (noting the clerks of Albany and Natrona County were awaiting judicial instruction before issuing licenses to same-sex couples).
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Plaintiffs seek a preliminary injunction and temporary restraining order requiring the Wyoming Defendants to allow same-sex couples to marry and to recognize the valid marriages of same-sex couples who live in Wyoming and requiring Defendant Lathrop to issue marriage licenses to otherwise-qualified same-sex couples. A movant is entitled to a preliminary injunction if the movant can establish the following: (1) a substantial likelihood of success on the merits of the case; (2) irreparable injury to the movant if the preliminary injunction is denied; (3) the threatened injury to the movant outweighs the injury to the other party under the preliminary injunction; and (4) the injunction is not adverse to the public interest. Awad v. Ziriax, 670 F.3d 1111, 1125 (10th Cir. 2012). For injunctions seeking mandatory relief, the movant must make a particularly strong showing with regard to the likelihood of success on the merits and with regard to the balance of harms. Id. Plaintiffs meet such a showing here. I. Plaintiffs Are Substantially Likely To Succeed On The Merits.
“State laws . . . regulating marriage, of course, must respect the constitutional rights of persons.” United States v. Windsor, 133 S. Ct. 2675, 2691 (2013). Plaintiffs’ request for injunctive relief seeks from the Court only what Kitchen expressly holds: “A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.” Kitchen, 755 F.3d at 1199. The Tenth Circuit’s decision is binding on this Court and the Wyoming laws and practices in question have virtually identical scopes and effects to those overturned in Kitchen. See Kitchen, 755 F.3d at 1230 (holding that both state constitutional amendments and “similar statutory enactments” limiting marriage to opposite-sex couples violate the Equal Protection and Due Process Clauses). As was also true of the Oklahoma marriage ban that was subsequently struck down by the Tenth Circuit, in this case the Court’s “merits disposition is governed by [the] ruling in Kitchen.”
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Bishop,760 F.3d at 1074. Because Wyoming’s statutory definition of marriage and refusal to recognize the valid marriages of same-sex couples does precisely what the Tenth Circuit held to be unconstitutional, there is an overwhelming probability that Plaintiffs will prevail on the merits. II. Plaintiffs Will Suffer Irreparable Harm If A Preliminary Injunction Does Not Issue.
Deprivation of constitutional rights “for even minimal periods of time, unquestionably constitutes irreparable harm.” Elrod v. Burns, 427 U.S. 347, 373 (1976); see also Awad, 670 F.3d at 1131 (“Furthermore, when an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.”) (citation omitted); Bonnell v. Lorenzo, 241 F.3d 800, 809 (6th Cir. 2001) (“[W]hen reviewing a motion for preliminary injunction, if it is found that a constitutional right is being threatened or impaired, a finding of irreparable injury is mandated.”).
Aside from the unquestionably irreparable harm suffered by Plaintiffs due to the Defendants’ refusal to allow Plaintiffs to enjoy the fundamental right to marry their partners, Plaintiffs have identified suffer other specific harms from this denial. Compl. ¶¶ 36–43. For example, several of the Plaintiffs are employees of the State of Wyoming, yet are unable to add their partners or spouses to their state-provided health insurance. See id. ¶¶ 23–26. Plaintiff Brie Barth has three young children, none of whom has a living father, and Brie lives in constant fear that her children will be placed in foster care if she was in a fatal accident. See id. ¶ 25. Further, Wyoming’s treatment of Plaintiffs’ relationships as lesser than the relationships of opposite-sex couples who are married or want to become married stigmatizes and demeans them,
6

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causes them anxiety and stress, and harms their dignity as individuals and as couples.2 As recognized by the Tenth Circuit, laws that treat same-sex couples as lesser than opposite-sex couples for purposes of marriage “impose[] a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages.” Kitchen, 755 F.3d at 1207 (quoting Windsor, 133 S. Ct. at 2963). Laws that discriminate against same-sex couples undermine “both the public and private significance” of same-sex couples’ relationships by telling those couples, and all the world, that their marriages are unworthy of recognition. Kitchen, 755 F.3d at 1207 (quoting Windsor, 133 S. Ct. at 2964). Such laws “‘humiliate[] tens of thousands of children now being raised by same-sex couples’ by making ‘it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.’” Kitchen, 755 F.3d at 1207 (quoting Windsor, 133 S. Ct. at 2964). With the passage of each day, these harms accumulate.
The United States Supreme Court “has long recognized that marriage is the ‘most important relation in life.’” Kitchen, 755 F.3d at 1209 (quoting Maynard v. Hill, 125 U.S. 190, 205 (1888)). The harms to Plaintiffs’ dignity that results from being deprived of this most important relation should be considered particularly irreparable because they cannot be adequately compensated for in the form of monetary damages. See Awad, 670 F.3d at 1131; Prairie Band of Potawatomi Indians v. Pierce, 253 F.3d 1234, 1251 (10th Cir. 2001). To continue to deny Plaintiffs the enjoyment and benefits of one of the most important liberties in life is to continue to irreparably harm them.
2 See, e.g., Aff. of Plaintiff Bonnie Robinson ¶¶ 11, 13–15, 17 (Ex. 2); Aff. of Plaintiff Anne M. Guzzo ¶¶ 8–11 (Ex. 3); Aff. of Plaintiff Carl Irvin Oleson ¶¶ 13–16 (Ex. 4); Aff. of Plaintiff Robert Hays Johnston ¶¶ 20–22 (Ex. 5); Aff. of Plaintiff Ivan Williams ¶¶ 8, 11, 12 (Ex. 6); Aff. of Plaintiff Chuck Killion ¶¶ 8, 11, 12 (Ex. 7).
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III. The Harm To Plaintiffs Substantially Outweighs Any Harm To The Defendants. “[W]hen a law is likely unconstitutional, the interests of those the government represents,
such as voters do not outweigh a plaintiff’s interest in having its constitutional rights protected.” Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1145 (10th Cir. 2013) (en banc) (plurality) (quoting Awad, 670 F.3d at 1131), aff’d 134 S. Ct. 2751. Thus, “if the moving party establishes a likelihood of success on the merits, the balance of harms normally favors granting preliminary injunctive relief because the public interest is not harmed by preliminarily enjoining the enforcement of a statute that is probably unconstitutional.” ACLU of Ill. v. Alvarez, 679 F.3d 583, 589–90 (7th Cir. 2012).
The relief this preliminary injunction motion seeks is limited: Plaintiffs ask this Court only to allow them to enjoy the fundamental right to marriage to which the Tenth Circuit already found them entitled. Kitchen, 755 F.3d at 1229–30. Requiring Wyoming to allow same-sex couples to marry and to recognize the valid out-of-state marriages of same-sex couples would create no new burden on Defendants. Defendants already routinely issue marriage licenses to Wyoming couples who wish to marry and recognize the marriages of opposite-sex couples who live in or move to Wyoming. The Defendants will suffer no harm, let alone a harm that will outweigh the harm to the Plaintiffs. IV. Injunctive Relief Is In The Public Interest.
“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.” Hobby Lobby, 723 F.3d at 1145 (quoting Awad, 670 F.3d at 1131–32). “While the public has an interest in the will of the voters being carried out . . . the public has a more profound and long-term interest in upholding an individual’s constitutional rights.” Awad, 670
8

Case 2:14-cv-00200-SWS Document 7 Filed 10/08/14 Page 10 of 13
F.3d at 1132. Accordingly, the relief requested serves the interest of the Plaintiffs, the Defendants and other county clerks, and the People of Wyoming. V. A Temporary Restraining Order Is Warranted In This Case.
A party who is entitled to injunctive relief may also seek a temporary restraining order upon a summary showing of immediate and irreparable injury. Given the constitutional magnitude of the issues at stake for the Plaintiffs in this case, the irreparable nature of the injuries to the Plaintiffs, the high likelihood of success on the merits, and the specific concurrent request by Defendant Lathrop for a temporary restraining order, Plaintiffs respectfully request that the Court issue a temporary restraining order, for the maximum allowable time period under Fed. R. Civ. P. 65, requiring Defendants to issue or permit issuance of marriage licenses to samesex couples, including the Unmarried Plaintiffs, pursuant to the same restrictions and limitations applicable to opposite-sex couples, and without regard to the gender or sexual-orientation of the applicants.
CONCLUSION Plaintiffs are very likely to succeed on the merits of their constitutional claims and are suffering significant and irreparable harm every day that Wyoming denies their right to marry and to have their already valid marriages recognized. The balance of equities strongly favors an injunction, and an injunction is in the public interest. Accordingly, Plaintiffs respectfully request that the Court issue a preliminary injunction: (1) barring Defendants from enforcing any Wyoming statute, law, policy, or practice that exclude the Unmarried Plaintiffs and other samesex couples from marriage, or that refuse recognition of the marriages of the Married Plaintiffs or other married same-sex couples who live in Wyoming, and (2) requiring Defendants to issue or permit issuance of marriage licenses to same-sex couples, including the Unmarried Plaintiffs,
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pursuant to the same restrictions and limitations applicable to opposite-sex couples, and without regard to the gender or sexual-orientation of the applicants. Plaintiffs request such injunction remain in effect until entry of final judgment in this action. Plaintiffs further request a temporary restraining order as set forth above.

DATED: October 8, 2014.

Respectfully submitted,
s/ Tracy L. Zubrod Tracy L. Zubrod, Wyo. Bar No. 6-2796 ZUBROD LAW OFFICE, PC 219 East 18th Street Cheyenne, WY 82001 Telephone: (307) 778-2557 Facsimile: (307) 778-8225 Email: zubrod@aol.com
L. James Lyman* Thomas W. Stoever, Jr. ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4400 Denver, Colorado 80202-1370 Telephone: (303) 863-1000 Facsimile: (303) 832-0428 Email: james.lyman@aporter.com
Qusair Mohamedbhai, Wyo. Bar No. 6-3809 RATHOD MOHAMEDBHAI LLC 1518 Blake Street Denver, CO 80202 Telephone: (303) 578-4400 Facsimile: (303) 578-4401 Email: qm@rmlawyers.com
Shannon P. Minter* Christopher F. Stoll* NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street, Suite 370
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Case 2:14-cv-00200-SWS Document 7 Filed 10/08/14 Page 12 of 13 San Francisco, CA 94102 Telephone: (415) 365-1335 Facsimile: (415) 392-8442 Email: sminter@nclrights.org Attorneys for Plaintiffs *Admission Pro Hac Vice Pending
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CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing has been filed with the Clerk of Court on this 8th day of October, 2014 and served upon the following by electronic and U.S. First Class Mail:

Ryan Schelhaas Senior Assistant Attorney General Wyoming Attorney General's Office 123 Capitol Building Cheyenne, WY 82002

Mike Robinson Senior Assistant Attorney General Wyoming Attorney General's Office 123 Capitol Building Cheyenne, WY 82002

Jared Crecelius Senior Assistant Attorney General Wyoming Attorney General's Office 123 Capitol Building Cheyenne, WY 82002

Martin L. Hardscog Deputy Attorney General Wyoming Attorney General's Office 123 Capitol Building Cheyenne, WY 82002

L. James Lyman Thomas W. Stoever, Jr. ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4400 Denver, Colorado 80202-1370

Qusair Mohamedbhai, Wyo. Bar No. 6-3809 RATHOD MOHAMEDBHAI LLC 1518 Blake Street Denver, CO 80202

Shannon P. Minter Christopher F. Stoll NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street, Suite 370 San Francisco, CA 94102

s/ Rebecca A. Golz Rebecca A. Golz

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EXHIBIT 1

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EXHIBIT 2

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IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF PLAINTIFF BONNIE ROBINSON
I, Bonnie Robinson, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am one of the Plaintiffs in this action, along with my life partner, Anne Guzzo. I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. I am currently 44 years old and I live in Laramie, Wyoming, with my partner Annie, our cat, and our dog. I am self-employed as a property manager while training for a career in Web Design, and Annie is an Associate Professor at the University
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of Wyoming. I left my career in Information Technology ("IT") with the State of Colorado to move to Laramie, Wyoming to be with Annie. Annie and I have been in a committed relationship for over four years.
3. I was born in Lawrence, Kansas in 1969. I am an only child and only have two relatives living: my mother who lives in Colorado, and my grandmother who lives in Texas. Annie's parents, who live six blocks away from us in Laramie, have become like a family to me.
4. I realized I was attracted to women when I was in my early 20s, however, I tried to live a "normal" life and later married a man. Marrying him was an easy thing to do, as our families both supported it, there were no legal obstacles to obtain a marriage license, and society supported this decision.
5. Though the marriage had been a terrible mistake on many levels, I did not believe in divorce, and I stayed in the marriage for several years before I finally realized I would never live a healthy and happy life as long as I stayed in that marriage. I then filed for and obtained a divorce.
6. I earned a B.S. in Computer Information Systems and began working in the field of computer forensics. I started a company that involved monitoring the computer activities of sex offenders who were on probation or parole and taught classes around the country to law enforcement on monitoring sex offenders' computers. Later I was hired by the State of Colorado in their IT Security division and did computer forensics and network security for them for most of my eight years of employment there.
2

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7. I met Annie in 2010 when we were both active in the social dance community. She had been taking Lindy Hop lessons and was looking for a regular dance partner. I was just starting to learn Lindy Hop and I agreed to take classes with her.
8. We took many classes together, became friends, and eventually began to date. We have now been together for four years. Because of her, these have been four of the best years of my life. We have traveled together and supported each other's dreams and aspirations, and also been there for each other during the tough times.
9. In early 2013, Annie had a health scare. Her doctor suspected Annie had cancer, and wanted to put Annie on chemotherapy immediately.
10. Because we could not marry, we did not have any of the legal protections in place married people can take for granted when there is a health crisis. My ability to visit her in the hospital would be at the mercy of the people who worked there. My ability to have oversight or involvement in her estate should she pass away would be at the mercy of her parents. My ability to take time off of work for FMLA leave in order to be there for her was at the mercy of my employer. Health decisions would be made by her parents and the medical staff, and it was up to them whether or not I would be involved. There were many additional factors like these that complicated matters during a time when I most wanted to be focused on being there for Annie. It was overwhelming to realize that, as Annie's life partner, I had no say in these matters unless other people allowed it. Because we could not marry, major decisions that directly affected our relationship were to be made by people outside of our relationship.
11. Annie was rushed in to surgery a week later. Thankfully, her surgery went well, and the cancer was a misdiagnosis. Her parents and the hospital staff and doctor
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included me in everything, and my boss was understanding and let me have time to care for Annie while she was healing. I was extremely lucky in all of these things, but my eyes were now opened to some of the supports and protections that were automatically in place for married couples but that could legally be denied to us. It was stress added to an already stressful situation, and it was something that we wouldn't have had to deal with had we been able to marry.
12. A few months after Annie's surgery, I quit my job and moved to Laramie to be with her. For years we had been commuting to see each other on weekends and driving back and forth to/from Denver and Laramie. But the health scare drove home how important it was to be together.
13. Since moving to Wyoming to be with Annie, we have run into several issues that would have not happened had we been able to marry. The first one was lack of health care. I quit my job to move to Wyoming, but because we were not married, her employer would not allow me to be on her health insurance. Her work has different benefits for domestic partners than they have for spouses. Because we could not marry, there was no "qualifying event" and I was not eligible to sign up for the domestic partner benefits until the yearly enrollment date. As a result, I was without health insurance for nine months as we waited for January 1, 2014 to come around. Her employer also would not allow me to be on Annie's insurance plan, so I had to get a much more expensive plan from an outside provider. Annie's employer pays the premium for this plan, however, instead of this being considered non-taxable as they do for married couples, they add that money on to Annie's paycheck and then tax her for it. The benefits are not
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the same as Annie's opposite-sex, married co-workers, and we take a financial hit that they don't take.
14. Another financial hit we took because we could not marry was with my schooling. Had Annie and I been married, I would have been considered a Wyoming resident. However, because we could not marry, the school I enrolled in charged me the higher out-of-state tuition for two semesters until I had lived in Wyoming for a year.
15. The other financial impact it has had is on our taxes, since we have to file as two single people instead of as a married couple. With my significant reduction in income due to the move and attending school instead of working full time, we would have saved on taxes had we been able to file as a married couple.
16. Annie and I applied for a marriage license in March of 2014 and were denied. One thing that is particularly frustrating to me about this is that it was so easy to marry a man who was an unhealthy person for me to be with, but I am denied the ability to marry an incredible person like Annie. It also feels unfair to me that to marry a person that was wrong for me, all I had to do was to fill out an application for marriage license and it was approved. It was a five minute process. But when Annie and I wanted to marry each other, our form was rejected. Once again, we are at the mercy of people outside of our relationship to make decisions that directly and deeply impact our relationship.
17. We are both very private people, and we do not want to be in a position where we have to be in the public eye just to get married. But that is exactly where we are. In writing up this statement I have been reminded of how lucky I am to have Annie in my life, while once again being freshly hurt at the injustices in this society towards gay
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couples. And there are so many inequalities on a day-to-day basis that it is difficult to summarize the extent of how it impacts us in just a few pages of writing.
18. I don't expect that everyone will accept that some people find their life partners in someone who is the same gender. But whether or not they agree from a moral or religious perspective, the fact is, Annie and I should have the same legal rights and protections as any other couple.

Lily DATED this

of June 2014.

By: cavag,_440&teg
Bonnie Robinson

STATE OF

cra

) SS

COUNTY OF

Subscribed and sworn to me on this qtay of June, 2014.

J. Robert Trevlzo - Notary Public

County of

Albany

T

State of Wyoming

My Commission Expires February 7, 2018

My commission expires: ce/*

cr 1

T

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EXHIBIT 3

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IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF PLAINTIFF ANNE M. GUZZO
I, Anne M. Guzzo, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am one of the Plaintiffs in this action, along with my life partner, Bonnie Robinson. I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. I am currently 45 years old and I live in Laramie, Wyoming with my partner Bonnie and our pets, a dog and a cat adopted from local shelters. I am a native of Laramie, Wyoming (b. 1968) and had the considerable good luck to be interviewed and
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hired for a full-time university position in my field, classical music composition, in my hometown. I love Laramie, and especially how easy it is to access nature in Wyoming—I relish spending time with Bonnie and my dog, Giotto, and our community of friends, hiking, skiing, swimming, and gardening. My parents live six blocks away from us, so we socialize a great deal, meeting for coffee, meals, and projects, like a recent vegetable garden bed we dug and planted for my father. Bonnie and I are active in the community of Laramie, having recently started an International Folk Dance group and are currently exploring volunteer opportunities such as Home on the Range animal rescue. We are also taking private swing dance lessons together in Denver when we can and dancing at the monthly swing dances in Laramie. My older brother, sister-in-law, and niece and nephew live in McMinneville, Oregon and I see them as often as I can.
3. I am an Associate Professor of Music Composition and Theory at the University of Wyoming, where I teach music theory, composition, and history classes. I really enjoy the students and have won several teaching awards. I founded a new music festival at the University called New Frontiers, which brings in world-renowned composers and performers. The festival is in its 8th season now. I currently have tenure at the University.
4. As an undergraduate student, I attended the University of Wyoming, starting in 1986. I transferred to the University of New Mexico in 1990, did my graduate work in Santa Cruz (M.A.) and Davis, California (Ph.D.) starting in 1996, and returned to Wyoming in 1999 to take a part-time position that eventually turned into my current, fulltime job.
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5. Coming out was a challenge in the town where I grew up. It was a challenge to hide my true self. I realized I was gay and told a few friends during my undergraduate years at the University of Wyoming, around 1988. Someone sent my parents an anonymous letter outing me that year. My parents expressed their love for me, but at the time, understandably struggled and worried about what their friends and peers might think and what struggles I might come across in my life. Now that there is more understanding and acceptance in the world and they have had time, they are most loving and welcoming to Bonnie—and the grand-dog.
6. After transferring to the University of New Mexico in 1989, I felt more able to grow and be myself. From 1992-1996 I enjoyed living in Santa Cruz, California, where city anti-discrimination laws protected me, and the culture was such that I could be open and out all the time. I received my Master of Music at UCSC. I moved to Davis, CA for my Ph.D. Davis was similarly welcoming to the LGBT community. In addition to my studies, I started a social group for LGBT women in that city, where we had mixer events and classes on a wide variety of topics, from ballroom dance to oil-change workshops.
7. While I was living in Laramie, I met Bonnie in 2010 on an online-dating service. I used the search engine to find any LGBT woman in a 200-mile radius of Laramie who included "swing dance" in their profile. Bonnie and one other woman from Albuquerque showed up. Bonnie and I then met in Boulder to take Lindy Hop lessons together, and we got to know each other better, danced a lot, and ended up dating. One of our great joys as a couple is dancing together, and we do it as often as we can. We dated long distance for three years, driving between Laramie, Wyoming and Denver, Colorado.
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Tired of the commute to see each other (especially in Winter over dreadfully dangerous mountain passes) we decided to move in together in Laramie in 2013.
8. Part of the reason we decided to live together was because I had a health scare in January of 2013. My OB/Gyn thought I might have uterine cancer because I had extremely large fibroid growths. She rushed me into major surgery to remove the tumors. Though over 9 lbs, thankfully, they turned out to be benign. During this time, it hit home that Bonnie and I really had no legal protections for each other. I did not have a legal guarantee that Bonnie could even see me at the hospital, let alone inherit anything should there be a terrible turn of events. Before going to the hospital, I wrote Bonnie a check for everything in my accounts just to give her something in the event of an emergencynothing like an inheritance, but a token to show my love and gratitude, which was my only legal option at the time.
9. When Bonnie moved to Laramie, she was unable to get the recently added "Partner Benefits" at the University of Wyoming because there wasn't a "qualifying event" —even if we had been married in another state, the University would not recognize it as a qualifying event. Bonnie went for almost a year without health insurance because we had to wait for the enrollment period.
10. The University of Wyoming "Partner Benefits" program is a separate system that does not provide the same benefits that legally married couples receive. Instead of allowing my partner to be on my insurance and take part in the same network, treatment options, and deductible that my legally married colleagues get for their spouses, I am given a voucher, which comes in the form of an addition to my paycheck. Bonnie had to find insurance through the Affordable Care Act, where her payments and

4

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deductible are significantly higher than through the University of Wyoming state program for spouses. Since the money for her insurance is given to me in the form of an addition to my paycheck, I have to pay taxes on that voucher money.
11 Bonnie and I want to get married in Wyoming. I have a special love for my home state. We realize we could get married elsewhere and at least get national recognition. But I want my home, the Equality State, to live up to its nickname. I want to marry in the place I love dearly, Wyoming, to the person I love dearly, Bonnie Robinson. I want to be treated fairly where we live— where we work, socialize, and contribute to the community that we love. DATED this I jday of June, 2014.
By: dA"---
Anne M. Guzzo

STATE OF

)

Agy COUNTY OF

) SS

)

Subscribed and sworn to me on this/7dday of June, 2014.

J. Robert Trevizo - Notary Public

County of

State of Wyoming

MyAColbmanmylssion Expires February 7, 2018 I

My commission expires:

267 /eio,Teo

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EXHIBIT 4

Case 2:14-cv-00200-SWS Document 7-4 Filed 10/08/14 Page 2 of 9

IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF PLAINTIFF CARL IRVIN OLESON
I, Carl Irvin Oleson, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am one of the Plaintiffs in this action, along with my spouse, Robert Hays Johnston. I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. I am currently 54 years old and live in Casper, Wyoming with my spouse Robert, 2 dogs, and 3 cats. Rob and I have been together for nearly 17 years and married for nearly 4 years. We have lived in our home in Casper for 13 years this July.
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3. I came to Casper as a trained Kitchen Designer with The Home Depot. I was there for approximately 3 years before I started working for a custom cabinet maker, selling custom and factory made cabinets, mouldings, millworks, and doors. After the economy took a downswing in 2008-2009, I left kitchen design to become the store manager of a small, locally owned remote control hobby store. I will have been in that position 5 years this coming August.
4. A year and a half ago Rob retired from the State of Wyoming Department of Health ("DOH") after several years as the HIV Prevention Manager. He was hired immediately after he left the DOH by a local alcohol/drug recovery center to create a program to assist people in developing life and job skills to help them advance in their recovery. Very recently, Rob interviewed for and accepted a position with the Prevention Management Organization, a statewide non-profit organization that partners with the State to improve the general well being of the citizens of the State of Wyoming.
5. I was born December 15, 1959 in Rock Springs, Wyoming. My parents moved very shortly after my birth, with my older brother and me, to Oklahoma, Colorado, Arkansas, Texas, and New Mexico, before returning to Riverton, Wyoming in 1969. We'd picked up southern accents and two new brothers by then. My father started his own data collection business in the oilfield and Riverton became our permanent home until my parents divorced, sold the house, and moved on with their separate lives in 1992. I attended elementary school from the 3rd grade through my first year of junior college there, graduating from Riverton High School in 1978 while also taking college courses at Central Wyoming College. In 1979 I auditioned for and was accepted into the very competitive American Academy of Dramatic Art in New York, NY. I transferred, after
2
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having been invited back to continue studying for the second year of training, to the sister campus in Pasadena, California, where I was then invited to perform in the production company for a 3rd year at AADA. To have been accepted to attend the first year and invited back to both the second year and company year were tremendous honors at such a prestigious and historical school for the performing arts in America. I qualified for my Screen Actors Guild card by having a very small part in the 1984 Oscar Nominated film "Frances" starring Sam Shepard and Jessica Lange. For the next 15 years I participated in all aspects of performance and production in local, regional, and post-secondary theatre and theatre education in the states of Colorado, Washington, and Wyoming.
6. Theatre was not my first love, however. From the time I was a very small boy until I had a life-changing epiphany at 14 years of age, I was going to be a minister. I had been raised in the Southern Baptist Church, attending on my own even after my parents ceased to attend. I was also a Cub Scout, Webelos, Boy Scout, and member of the DeMolay's—until the day I realized I was gay and none of those institutions were particularly accepting of anyone who strayed too far from their narrow definition of what it meant to be a real man, a good Christian, or a worthy citizen. I had dreamed of the day I could stand in the pulpit, spreading and celebrating God's love with my brothers and sisters. I also dreamed of being a father and marrying the man of my dreams. Until I met Rob, I thought I would never achieve any of these three dreams. I had to learn a spirituality that was based on my own experiences of being open to discovering my own truths and having faith in what I could make happen in my own life, and helping others to achieve their dreams and live in dignity and respect for themselves and others. I defined what it meant to be a man in my life.
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7. I met Rob on July 7, 1997 when he came to the home decor shop I worked at in Las Vegas, Nevada. By September 1st of that same year, we had moved in together and have never looked back or regretted a moment we've spent together. I was 38 and Rob was 49. A few years later, while at dinner with some friends at their apartment, Rob asked me to marry him while we stood on their balcony, watching the lights of the nearby Las Vegas Strip. I thought he was being flippant and shared with him, in no uncertain terms, that that was the last of my childhood dreams, one which I felt was as unlikely to occur in my life as the other two, and the idea of marriage was too sacred and too important to just seemingly throw out the suggestion with the casualness of asking if I wanted to go to a movie or buy a new shirt. A few months later, while visiting New York City, Rob proposed to me again while I was showing him one of my favorite spots in Central Park. He even wrote me a note stating his desire to share his life with me and for me to share my life with him. After I said "Yes!" we asked a passerby to take our picture, which now hangs in our kitchen along with the note.
8. Initially, we had planned on marrying in California while the narrow window of marriage was available to same-sex couples, but my father, who had recently remarried, had a heart attack and stroke. After our visit to see him when he'd left the hospital, we immediately realized my stepmother could not take good care of him during his long recovery without some additional help. We put our plans to marry on hold, sold our house in Las Vegas, and moved to Casper, Wyoming to aid in my father's return to health.
9. After a couple of years of long walks along the river with Rob and a will forged of iron, Dad had recovered to a degree that astounded his doctors and all the rest
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of us. But the strain and subsequent changes in his personality were too great for my stepmother to handle, and they divorced. Dad moved in with us until he had recovered enough to move out and onward with his own life. By that time, marriage was no longer an option in California, so we decided to wait until such time as we could enjoy full legal marriage somewhere else.
10. In August of 2008, Dad was bitten by a mosquito in a field in rural Utah. In less than a week, he was airlifted, in a coma, from the small-town hospital closest to where he was working to a neurological ICU at a hospital in Salt Lake City, Utah, with no idea what was causing his condition. The next morning, I was in my van headed to Salt Lake City. I did not return home for four months, when I made the return trip with him, paralyzed, on a portable ventilator and in a wheelchair strapped to the space where my seats once attached to the floor. Less than two weeks later Dad died from respiratory failure brought on by a severe neurological reaction to West Nile Virus. We were emotionally devastated and financial unable to follow through on our wedding plans at that time.
11. Then, in late 2009, Rob's mom was diagnosed with an aggressive form of lung cancer and we made plans to spend her last Christmas with her, as she was not expected to live much past the beginning of the New Year. In February of 2010, while at Rob's mother's memorial service, a lesbian couple who are longtime friends of Rob's family, and who had been together for 20 years or more, suggested we have a double wedding in Windsor, Ontario, Canada, where full legal same-sex marriage was the rule of law.
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12. On July 16, 2010 Rob and I were married in a sculpture park with a view of downtown Detroit across the river, in the company of friends and family, present and departed. Crossing into Canada, the border guard was genuinely congratulatory. Upon our return to Detroit the American official was at first officious but then became rude and interrogative when he found we had just been married.
13. When we returned to Wyoming, Rob asked his supervisor at the Department of Health if he could add me to his health insurance and was told that our marriage was not legal in Wyoming, so therefore I didn't qualify for an extension of benefits as his legal spouse. At his new job, when he asked the Human Resources person if he could add me to his new insurance, she asked if the State recognized our marriage. When he said "No," she said she could not add me as they have a contract with the State and Wyoming doesn't recognize our legal Canadian marriage. Most businesses as small as the last two I have worked for cannot or choose not to provide health insurance to their employees. If our legal Canadian marriage were recognized, I would be able to get excellent health insurance from Rob's new employer.
14. When Rob retired from the Wyoming Department of Health in December 2012, we were both present at the exit meeting he had with the people who handle retirement benefits for state employees. When asked what beneficiary option Rob wanted to use, he told them that he wanted to use the "Married" option, naming me his spouse. The woman who was helping us had no idea if the State would support that choice and declared that ours would be a "test case" with no sense as to whether I would receive Rob's pension as his spouse or not.
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15. In our research to protect our home, property, and health care wishes, we have found that it could cost thousands of dollars to create the documents and legal protections we would need while opposite-sex couples often have those protections for the cost of a marriage license.
16. The greatest harm we face through the non-recognition of our lawful union is the fact that we are invisible to state government agencies, most healthcare providers, corporations, public accommodations, private businesses, and charitable organizations. Their refusal to recognize our marriage relegates us to less than others around us, who differ from us only because their spouse is of the opposite sex. We own our home, have good jobs, pay taxes, and contribute time and money and energy to our community and several charitable organizations. But if I were to die tomorrow, there is no guarantee that Rob could continue to live in our home or claim sole surviving ownership of the life we have worked so hard to build, sometimes under very adverse circumstances, together. As good, kind, and honest citizens of this great nation, there can be no greater harm done to us than the inequitable application of the rule of law regarding our marriage. As I understand it, an important element of our constitutional democracy protects the rights of minorities from the um -easonable or unfounded fears and abuses of the majority, particularly if that abuse is not based on empirical truths or fact but ignorance or bigotry.
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DATED this day of June, 2014.

Carl Irvin Oleson

STATE OF ) SS
COUNTY OF
Q\lk. Subscribed and sworn to me on this 16 day of June, 2014.

‘00111 1 1 11 11/4

101111914

14 Jan S. 2018

T.; CORIN4rIMICK couptrv OF
NATRONA
e 0 100%, 4.4,14.Nni

My commission expires:

AC )01\ c,7

TARY PUBLIC

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EXHIBIT 5

Case 2:14-cv-00200-SWS Document 7-5 Filed 10/08/14 Page 2 of 9

IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF PLAINTIFF ROBERT HAYS JOHNSTON
I, Robert Hays Johnston, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am one of the Plaintiffs in this action, along with my spouse, Carl I. Oleson. I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. I am currently 65 years old and I live in Casper, Wyoming, with my spouse, Carl, and our two dogs, and three cats. I am a Program Director at the 12-24 Club, a community resource for persons in recovery. I recently accepted a new job as a
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Community Prevention Professional with the Prevention Management Organization of Natrona County.
3. I was born in Pittsburgh, Pennsylvania in 1948. My parents grew up in Canonsburg, Pennsylvania, went to high school together, graduated from college and then married in 1940. I have an older brother who lives in Ohio; my older sister died thirtyfive years ago; my other brother is 13 months younger than me; and, my youngest sister is nine years younger than me.
4. I knew I was different from other boys at a very early age. It took me over fifteen years to begin to accept my sexuality, and even then, it was very difficult. I went to a very small high school outside of Pittsburgh, and although I dated girls, I was never sexually active. I did my undergraduate and graduate work at Pennsylvania State University. I pledged a fraternity and that same fraternity voted to blacklist me from the fraternity because they thought I was too effeminate. For ten weeks, I practiced how I walked, smoked cigarettes, and talked. I was forced to do push-ups and sit-ups every time I entered the fraternity house. At the time I was in college, if I told anyone I was gay, I could be dismissed from school. Friends who knew that I was gay threatened to expose me to others on the residence hall staff, thereby threatening my ability to complete my education.
5. Upon completion of my master's degree, I obtained a job at Cornell University on the Dean of Student's staff. I told staff there I was gay and began the process of being more upfront about my sexuality. In my third year at Cornell, I was offered a job as the Placement Coordinator for the New York School of Industrial and Labor Relations. In my second year in that job, my contract was not renewed as I was
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perceived as not masculine enough for the job. My previous boss in the Dean of Student's Office recommended me to her sister, who was then Vice President of Student Affairs at Pomona College in Claremont, California. So I moved across the country, and "came out of the closet" as a gay man.
6. In California, I became very active in the gay community. I came out to my family. As a result of that process, I was banned from my older brother and his wife's home for years and was not allowed any contact with their children.
7. In 1980, I started a journey related to recovery from alcoholism and drug addiction. Many of my friends began to die from what we now know as AIDS. When I left my second partner in 1985, I decided to take some time and travel the country. I sold everything I owned and loaded up my car with camping equipment and my dog. We spent four months traveling two-lane highways across the United States. I finally ended up in Washington, D.C., living with my younger sister and her female partner. I got a job working as a Training Specialist with PSI Associates, a minority owned firm that provided day treatment services to the developmentally disabled. Two years later, I was offered another training position with the Center for HIV and Substance Abuse Services. It was the first time that I actually worked with other gay men and had a gay man as my supervisor.
8. While working for the Center, I provided training in Nevada. Later, I was offered a job as Deputy Chief of the Bureau of Alcohol and Drug Abuse for the state of Nevada in Carson City. Several years later, I was then given the opportunity of relocating to Las Vegas to provide more of a presence in Nevada's largest metropolitan
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area. I was also named Chief of the Bureau and commuted between Las Vegas and Carson City during the legislative session.
9. I bought a home in Las Vegas, and when I was trying to redesign elements of the house, I asked a friend who was an interior decorator for his assistance. He told me that he had just brought a guy in from Phoenix who might be willing to work with me. The next day, July 7, 1997, I drove to his shop and met Carl. He came by the house to check things out, and we had our first date on July 11 th. He moved in on September 1st, following a dinner at my house where he fixed my washing machine, and I knew that I had found a "keeper."
10. Our journey together has been filled with a lot of love and a lot of loss. My family met Carl when they ventured to Las Vegas for my fiftieth birthday. It was a melding of my family and our friends from Carson City, Las Vegas, and Los Angeles. During that time, I also met Carl's dad and his girlfriend, Charlene, who would often visit us in Las Vegas. My first trip to Wyoming was to witness his father's wedding to Charlene. I met his family and got to see those places critical to his life growing up in Wyoming. Carl endeared himself to my mother when he nursed me through several surgeries as a result of bile duct blockage caused by gall stones, which grew years following the removal of my gall bladder.
11. In 2002, we moved from Las Vegas to Casper, Wyoming, after his dad had a stroke and a heart attack. Carl had been working as a kitchen designer at Home Depot in Las Vegas, and he was able to transfer to the Casper store immediately. We were able to find a house in Casper, and Carl promptly filled our little pickup with a bed and a TV. I stayed in Las Vegas to sell our old house. Two months later, at the
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beginning of September, I drove a U-Haul truck to Casper with our two dogs at the time, Rusty (an Irish setter) and Bandit (our black lab).
12. In early October, I attended a conference in Casper sponsored by the Wyoming AIDS Project. I introduced myself to the Wyoming Department of Health's HIV Prevention Coordinator. I explained my history with recovery and HIV, and she encouraged me to apply for a new contract position they had created for a High Risk Population Specialist. I was hired, and for the most part worked from my home. I would travel to Cheyenne about once a week to meet with other staff My position was salaried with no benefits.
13. Several years later, my boss resigned to take an Executive Director position with a local family planning clinic. I was promoted into her position, now having benefits. Everyone there knew I was gay, and most had met Carl. I did mention to my new supervisor that it would be nice if Carl could be covered by my benefits. She agreed, but knew that the political climate in the state and in the Department of Health would not support it. We kept hoping that benefit changes might occur for faculty and staff at the University of Wyoming for same gender domestic partnerships. As of today, nothing has changed.
14. During this time, I was contacted by the National Development Research Institute (NDRI) in New York City to see if I was willing to write a training curriculum on Gay Men and Methamphetamine based upon the research of two NDRI scientists. I traveled to New York twice to present the curricula, and to the best of my knowledge the AIDS Institute in New York State is still using the curricula. I was then asked to present
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the research findings at that year's annual education conference of the Wyoming Public Health Association.
15. Our Section Chief resigned to take a job as Executive Director of the Nebraska AIDS Project. She was replaced by a woman who worked in the Substance Abuse Division, and who years before facilitated the HIV Prevention Planning group. Early in her tenure, my Project Officer for the Centers for Disease Control and Prevention recommended me to the International Health Organization to provide HIV training for physicians and other medical and social service providers in Patna, India. It was an honor and a challenge to do this.
16. Requesting benefits for my partner was not feasible. I also remember filling out a survey for a national organization where I was asked how many open gay men and lesbians worked for the Wyoming Department of Health, and I was the only one I knew of at that time.
17. I proposed marriage to Carl on a trip to New York City when I worked for the Bureau of Alcohol and Drug Abuse while we were in NYC for a national methadone conference. We still have that written proposal framed with a picture of us in Central Park. We had planned on getting married at Lake Tahoe when California originally allowed same-sex couples to marry. However, his father was infected with the West Nile virus, and all of our funds went to supporting Carl's living in Salt Lake City to care for his father, who was totally paralyzed with severe neurological complications. Carl and his uncle eventually brought Carl's dad back to Casper, where he died within a week of being home.
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18. Carl's dad was the most accepting and supportive of our relationship. I loved him probably more than my own father. When he was recuperating from his earlier stroke and heart attack, we would walk our dogs every morning down by the river. We would look at the deer and antelope, search for owls in the trees, and transplant wildflowers in our garden (Carl accused us of planting weeds!).
19. My mother several years ago was diagnosed with terminal lung cancer, so we spent her last Christmas with her and my other siblings in Naples, Florida. My mother talked about how happy she was that Carl and I had found one another and were so happy in our relationship. She died a little over a month later. It was while visiting again in February 2010, that we planned a July wedding with our friends Susie and Suzanne outside Detroit in Windsor, Ontario. My younger brother and his wife graciously hosted a party following our wedding.
20. At the end of 2012, I was offered a job at a recovery center in Casper. Just before New Year's, I gave two weeks' notice to the state and resigned by position as the HIV Prevention Program Manager in January 2013. When Carl came to Cheyenne to help move me back to Casper, we made an appointment on my last day with the folks in the Retirement Office. As I was completing the paperwork, I asked if it was okay to list Carl as my partner. The woman helping us said yes. We then were asked to look at several disbursement options should I precede him in death. One option given was to list him as my spouse since we had been married in Ontario, Canada the preceding July (July 16th to be exact). She had never had a same sex couple submit the form with this designation, but she said we could be the "test case" and let me designate Carl.
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Unfortunately, I feel like I will have to die before we know whether the state will honor my wishes.
21. Carl and I have been very active in the gay community in Casper and Wyoming. Based upon a previous judicial ruling, we can get a divorce in Wyoming but the state will not recognize our marriage. We will need to spend thousands of dollars to protect our investments and to insure that any property, fiscal benefits, etc. go to a surviving partner. A legally recognized marriage would be so much easier and would provide our family with full protection.
22. When I was offered the position with the Prevention Management Organization, I asked if I could pay for my partner to be covered for medical, dental, and vision coverage. I was informed that because our contract was with the Wyoming Department of Health and the state does not recognize our marriage, that providing coverage for Carl was impossible.
DATED this day of June, 2014.

STATE OF COUNTY OF

es
)
) SS )

Subscribed and sworn to me on this day of June, 2014.

g My commission expires: 3( t 0 (1

B. DRAKE - NOTARY PUBLIC

County of Johnson

State of / Wyoming

My Commission Expires May10 20

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EXHIBIT 6

Case 2:14-cv-00200-SWS Document 7-6 Filed 10/08/14 Page 2 of 6

IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF PLAINTIFF IVAN H. WILLIAMS
I, Ivan H. Williams, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am one of the Plaintiffs in this action, along with my life partner, Charles R. Killion (Chuck). I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. I am currently 47 years old and I live in Cheyenne, Wyoming, with my partner Chuck. I am an attorney employed as Senior Counsel for the Wyoming Office of Consumer Advocate, which is an independent operating division of the Wyoming Public
1

Case 2:14-cv-00200-SWS Document 7-6 Filed 10/08/14 Page 3 of 6
Service Commission. Chuck is an accountant employed as Comptroller of the 4 Quarters Companies, which are related construction and development companies. Chuck and I have been in a committed relationship for over two years.
3. I was born in Cheyenne, Wyoming, in 1966. My mother, a retired health care worker, still lives in Cheyenne. My father passed in 1999 as a result of complications from an interstitial lung disease. He served in the Marine Corp and was an engineer for the Wyoming Department of Transportation for over 30 years. I have one younger brother who is a medical assistant and also lives in Cheyenne.
4. I realized I was attracted to men as a young adult. The "coming out" process was long and tortured, to say the least. In an attempt to overcome my sexual identity and "do the right thing," I was twice married. The first marriage lasted approximately seven years. I have two daughters from that marriage, and I retained custody of and raised them after my divorce from their mother. I was married the second time for approximately 10 years. There were no children resulting from that marriage.
5. After finishing high school in 1985, I attended the University of Wyoming. I graduated with a Bachelor of Science in Accounting in 1989. I then attended the University of Wyoming College of Law and graduated with a J.D. in 1992.
6. During law school, I was an intern with the Wyoming Public Service Commission, which is the state agency charged with regulating public utilities in Wyoming. I worked at the Commission throughout law school and was employed, in various capacities, within the agency until 2004, when I assumed my current position as Senior Counsel for the Wyoming Office of Consumer Advocate, which was separated from the Commission by the Wyoming legislature in 2003.
2
1

Case 2:14-cv-00200-SWS Document 7-6 Filed 10/08/14 Page 4 of 6
7. I met Chuck in April of 2012 through a mutual friend. We began dating immediately. We began living together in August of 2012, and purchased a home together in June of 2013. Chuck asked me to marry him in Winter Park, Florida while on vacation in November of 2013.
8. We have been in a committed relationship for over two years, but in the eyes of Wyoming law, we are legal strangers. The state of Wyoming does not allow us to get married and does not recognize us as a family. This is both unfair and demeaning, and we worry about the message these discriminatory laws sends to others.
9. Chuck and I are active members of our church, which is both accepting and supportive of our relationship. We contribute both our time and resources to the church and charitable causes. Over the years, I have taught Sunday school and played piano for church praise and worship teams.
10. On February 27, 2014, Chuck and I went to the office of the Laramie County Clerk in Cheyenne to apply for a marriage license. Other than the fact that Chuck and I are both men, we meet all the legal requirements for the issuance of a marriage license in Wyoming. The staff of the clerk's office initially declined to process our application for a marriage license due to the fact that Wyoming statutes define marriage as being between one man and one woman. Subsequently, Chuck received a call from the Laramie County Clerk, the Laramie County Attorney, and representatives of their offices. They asked Chuck and me to return and complete an application for marriage license, which we did on March 3, 2014. At that time, the clerk's office took our application and sent the resulting license to one of the District Court judges for a ruling due to what was determined to be a "legal impediment" to its issuance. The Laramie
3

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County Clerk, Laramie County Attorney, and those in their employ were extremely supportive. Nevertheless, we were not given a valid marriage license.
11. Chuck and I want to have the same freedom to marry one another that opposite-sex couples enjoy. We want to share in the benefits and responsibilities of marriage, and we want our relationship to be both recognized and protected under Wyoming law. Because our relationship is not recognized, we are forced to maintain separate health insurance plans, which is not an optimal solution. We are both insulindependent diabetics. We have disparate coverage, under the two plans, for essentially the same medications. We also have extreme differences in deductibles and co-pays under the two plans. To date, we have spent a significant amount of money for the preparation of legal documents in an attempt to begin to approximate the rights and protections that we would otherwise have if we were permitted to marry. We will incur additional legal fees to continue this process. In spite of these efforts, we do not and will not have the same safety, security, and stability that marriage provides.
12. We have had many opportunities to get married in other states, but we want to get married in Wyoming because it is our home. We also worry that our marriage in another state wouldn't be recognized after we returned home to Wyoming.

4

1

i

Case 2:14-cv-00200-SWS Document 7-6 Filed 10/08/14 Page 6 of 6

DATED this day of June, 2014.

By: , VIOZI
Ivan H. Williams

STATE OF kA)c."ry..t.A-zi ) SS
COUNTY OF LctAxxiiy‘LL,

n Subscribed and sworn to me on this day of June, 2014.
My commission expires: Pov I, Qol

Wm 'AON sawn NOISSMINO0

ONIINOAM 40 3.1.VIS
01-1811d AUVION

4031mINVAI1nVo1o
DfIVH NV3 •

5

Case 2:14-cv-00200-SWS Document 7-7 Filed 10/08/14 Page 1 of 6
EXHIBIT 7

Case 2:14-cv-00200-SWS Document 7-7 Filed 10/08/14 Page 2 of 6

IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF PLAINTIFF CHARLES R. KILLION
I, Charles R. Killion, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am one of the Plaintiffs in this action, along with my life partner, Ivan H. Williams. I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. I am currently 57 years old and I live in Cheyenne, Wyoming, with my partner Ivan, and our dog. I am a Comptroller with 4 Quarters Companies and Ivan is an

1

Case 2:14-cv-00200-SWS Document 7-7 Filed 10/08/14 Page 3 of 6
attorney with the Wyoming Office of Consumer Advocate. Ivan and I have been in a committed relationship for over two years.
3. I was born in Jackson Hole, Wyoming in 1957. My father was raised in Wyoming and my mother was raised 50 miles due east of St. Louis, Illinois. They met in Jackson Hole, Wyoming as my mother was a surgical nurse and my father was a school teacher and owned the Dubois Cold Storage. My father served in both World War II and the Korean War. They raised me and one sister in Dubois, Wyoming. My sister Kim now lives with her partner in Anchorage, Alaska. They are planning to get married in Spokane, Washington because the state of Alaska does not recognize marriages of samesex couples.
4. I realized I was attracted to other guys when I was in junior high school, but after college I got married and raised three children. The "coming out" process was a long and arduous period in my life, to say the least, as I was married for 30 years.
5. After finishing high school in 1975, I attended the University of Wyoming. I graduated in 1979 with a Bachelor in Accounting with honors. After three years working for a Public Accounting firm, I earned my Certified Public Accountant certificate.
6. My first professional job was at McGladrey, Pullen & Associates, which I obtained after I graduated from college in 1979. Five years later I went to work for the Wyoming Secretary of State within their Securities Registration Department. In 1980, I joined Security Savings and Loan as controller. In 1985, I joined Maryland National Bank Wyoming Division. In 1987, I joined TRC Mariah Associates as controller over five branches in five states. In 2000, I joined Airgas Intermountain, Inc. as controller
2

Case 2:14-cv-00200-SWS Document 7-7 Filed 10/08/14 Page 4 of 6
over 38 branches located in 5 states. In 2013, I joined 4 Quarters Companies as comptroller.
7. I met Ivan in 2012 at a mutual friend's house. We became best friends, and started dating and a romantic relationship. We have been in a committed relationship for the past 2 years. We have been engaged since November, 2013.
8. Despite our committed, long-term relationship, in the eyes of Wyoming law, we are legal strangers. Wyoming does not allow us to get married and does not recognize us a couple. This is both unfair and demeaning and we worry about the message these discriminatory laws send to friends and family.
9. Ivan and I have been charitable contributors to many local as well as national organizations. My community service began back in high school, when I served as treasurer of our class, and later in College as I was President of the Newman Club, which is a Collegiate Catholic College Organization. Since then, I have continued to serve my community in many capacities. I have held several officer positions in the Cheyenne and Laramie, Wyoming Kiwanis Clubs. I also served as Treasurer and leader in the Weld County 4 H leadership. I am an active member in my church. I currently sing with the Cheyenne Capital Chorale. Ivan and I discussed at length our committed relationship and that it was important for both of us to be a part of this law suit in Wyoming.
10. On Thursday, February 27, 2014, Ivan and I went to the Office of the County Clerk of Laramie County, to apply for a marriage license. Other than the fact that Ivan and I are both men, we meet all the legal requirements for marriage in Wyoming. Ivan had stopped in earlier that day to obtain a Marriage License Fact Sheet and nowhere
3

Case 2:14-cv-00200-SWS Document 7-7 Filed 10/08/14 Page 5 of 6
on this fact sheet did it state you had to be a man and a woman. The Marriage License Department Supervisor refused to issue us a marriage license because we are a same-sex couple, pursuant to existing Wyoming law. On Monday, March 3, 2014, I got a call about 10 a.m. from the Laramie County Attorney, Laramie County Assistant-attorney, Debra K. Lathrop, Laramie County Clerk, and Laramie County Clerk Marriage License Division supervisor, stating that they erred in not allowing us to apply for a marriage license and asked Ivan and me to return and reapply for a marriage license. They were not able to issue us a marriage license as it had to go before the County Judge, as it had a legal impediment.
11. As a family, as life partners, and as Wyomingites, Ivan and I want to have the same freedom to marry the person we love as opposite-sex couples enjoy. We want to share in the benefits and responsibilities of marriage, and we want our family to be legally recognized and protected by Wyoming law. Because our relationship is not recognized, for instance, our healthcare plans and benefits are not comparable. My health insurance costs me substantially more than what Ivan's State of Wyoming health insurance costs him. Finally, we have had to spend a significant amount of money on legal documents that attempt to mimic the rights on same-sex couples that are married. So far we have spent $1,600 preparing wills, powers of attorney, living wills and healthcare proxies. Despite having these documents in place, they do not provide the same safety, security, and stability for our family that marriage provides. We want our family to be recognized, and we want to insure that our dignity would remain intact and that our wishes would be followed in case something happens to one or both of us. These are the same rights afforded to any married couple.
4

Case 2:14-cv-00200-SWS Document 7-7 Filed 10/08/14 Page 6 of 6

12. Ivan and I want to get married in Wyoming. Ivan and I have considered getting married in a state where same-sex couples can marry, but we want to marry in Wyoming, which is our home. We should not be forced to go outside of Wyoming to get married, only to have our out-of-state marriage ignored by our home state.

DATED this )1 day of June, 2014.

By: Charles R. Killion

STATE OF 1...ctf,sangza___ ) SS
COUNTY OF LaAct

Subscribed and sworn to me on this n day of June, 2014.

My commission expires: pew,

\

RO JEAN HAUG - NOTARY PUBLIC

COUNTY OF LARAMIE

STATE OF WYOMING

MY COMMISSION EXPIRES NOV. 1, 2018

NOT • • Y PUBLIC

5

Case 2:14-cv-00200-SWS Document 7-8 Filed 10/08/14 Page 1 of 4
EXHIBIT 8

Case 2:14-cv-00200-SWS Document 7-8 Filed 10/08/14 Page 2 of 4

IN THE DISTRICT COURT OF LARAMIE COUNTY, WYOMING FIRST JUDICIAL DISTRICT

Cora Emma-Terese Sacah Courage and Wyoma Kay Proffit; Carl Oleson and Rob Johnston; Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; and Wyoming Equality,
Plaintiffs,
V.
State of Wyoming; Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Depat tment of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants.

Civil Action No. 182-262

AFFIDAVIT OF JERAN ARTERY ON BEHALF OF PLAINTIFF WYOMING EQUALITY
I, Jeran Artery, being 18 years of age or older, swear or affirm under oath that the following statements are true and correct:
1. I am the Chairman of Wyoming Equality, one of the Plaintiffs in this action. I have personal knowledge of the matters stated in this Affidavit and could and would competently testify to these facts.
2. Wyoming Equality was founded in 1987. I have been the Chairman of Wyoming Equality since 2011. Wyoming Equality is the largest civil rights organization

1

Case 2:14-cv-00200-SWS Document 7-8 Filed 10/08/14 Page 3 of 4
dedicated to securing full equality for Wyoming's lesbian, gay, bisexual, and transgender (LGBT) community. Through advocacy, grassroots organizing, education, and coalition building, we seek to change Wyoming so that no one suffers harassment or discrimination on the basis of their sexual orientation or gender identity. We coordinate public education campaigns to inform and engage policymakers, LGBT people, and the public at large on issues affecting the LGBT community.
3. One of Wyoming Equality's main areas of focus is working to protect LGBT families. Without legal protections, LGBT families are unable to make vital health care, child care, and end of life decisions for their partners and their children. We represent same-gender couples and their families who are proud to call "The Equality State" home. Many of our members, including myself, are Wyoming natives and are part of third and fourth generation families who have called Wyoming home for 100 years or more. Being forced to leave the state in order to get married, and not being able to have our marriages recognized when we return, seems contrary to the live-and-let-live mantra so many Wyomingites adhere to.
4. We decided to be a Plaintiff in this lawsuit for marriage equality because Wyoming's lesser treatment of same-gender couples with regard to marriage is wrong and it is harmful to LGBT Wyoming residents and their families, including our members. Participating in this lawsuit is central to our mission as Wyoming's statewide LGBT organization.
5. Many of our members, including some of the named Plaintiff couples, wish to marry in Wyoming or are already married in other jurisdictions but don't have their marriages recognized by Wyoming. Our members have expressed a desire to marry
2

Case 2:14-cv-00200-SWS Document 7-8 Filed 10/08/14 Page 4 of 4
but are prevented by Wyoming's discriminatory laws and policies. If those laws and policies were struck down, many of these members, including the ones raising children, would apply for marriage licenses and would marry their same-sex partners, or would ask Wyoming to recognize their existing marriages and afford them the numerous rights that Wyoming affords opposite-gender married couples.
IQ* DATED thisi U-ay of June, 2014.

STATE OF 6./rdm
) SS
COUNTY OF tt A re,
Subscribed and sworn to me on this 12 day of June, 2014.

My commission expires:

JANET L. CATHCART NOTARY PUBLIC

COUNTY OF LARAMIE

STATE OF WYOMING

MY COMMISSION EXPIRES AUG. 25, 2014

atlezat 5, .167

3

 
 Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 1 of 16

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FOR THE DISTRICT OF WYOMINtmLj ;'~T 17 Prl 1. 33

ANNE MARIE GUZZO and BONNIE ROBINSON; IVAN WILLIAMS and CHARLES KILLION; BRIE BARTH and SHELLY MONTGOMERY; CARL OLESON and ROB JOHNSTON; and WYOMING EQUALITY;

S -;--EPIL~.; ~ I: ';I{Ri3. CL_f.:\ CAS ,JE

Plaintiffs, vs.

Case No. 14-CV-200-SWS

MATTHEW H. MEAD, in his official capacity as the Governor of Wyoming; DEAN FAUSSET, in his official capacity as Director of the Wyoming Department of Administration and Information; DAVE URQUIDEZ, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and DEBRA K. LATHROP, in her official capacity as Laramie County Clerk;

Defendants.

ORDER GRANTING PRELIMINARY INJUNCTION AND TEMPORARY STAY

This matter comes before the Court on Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order. (Doc. 7.) Defendant Debra K. Lathrop filed an affidavit supporting Plaintiffs' motion. (Doc. 7-1.) The remaining defendants ("State Defendants") filed an opposition to the motion. (Doc. 26.) The Court held an evidentiary hearing on the matter on October 16, 2014. Having considered the evidence and testimony presented at the hearing, the parties' briefs, the arguments of counsel, the record herein, and being otherwise fully advised, the Court finds and concludes as follows.

Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 2 of 16
BACKGROUND
This case asks whether a Wyoming statute limiting marriage to "between a male and a female person" can withstand scrutiny under the due process and equal protection guarantees of the United States Constitution. While few issues are riper for public debate and legislative action than same-sex marriage, as demonstrated by the 11 states that have approved it through state legislation or popular vote since 2009 (United States v. Windsor, 133 S. Ct. 2675, 2689 (2013}), a divided three-judge panel of the Tenth Circuit Court of Appeals has "place[d] the matter outside the arena of public debate and legislative action" (Washington v. Glucksberg, 521 U.S. 702,720 (1997}). While the Tenth Circuit's decisions in Kitchen v. Herbert, 755 F.3d 1193 (lOth Cir. 2014), and Bishop v. Smith, 760 F.3d 1070 (lOth Cir. 2014), maybe publicly debated, one thing remains undebatable: "[A] district court is bound by decisions made by its circuit court." Dobbs v. Anthem Blue Cross and Blue Shield, 600 F.3d 1275, 1279 (10th Cir. 1990). Accordingly, the Tenth Circuit's decisions in Kitchen and Bishop demand a determination in Plaintiffs' favor. 1. The Parties
Plaintiffs consist of three groups: (I) same-sex couples who have been denied a marriage license in Wyoming solely because of their same genders, (2) a same-sex couple who was married in Canada but has been unable to have it given legal effect in Wyoming, and (3) a civil rights organization advocating for Wyoming's LGBT community. (Doc. 1 at ~~ 25-27.)
State Defendants include (1) the Governor of Wyoming, (2) the Director of the Wyoming Department of Administration and Information, and (3) the Administrator of the State of Wyoming Human Resources Division, all sued in their official capacities. (Id. at ~~ 28-30.) Defendant Lathrop is the elected county clerk of Laramie County, Wyoming, whose legal duties
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 3 of 16
include issuing marriage licenses. (Id. at ~ 31.) While she is a named defendant, Defendant Lathrop agrees with Plaintiffs' position and joins their request for relief. (Doc. 7-1.) 2. Wyoming Statutes at Issue
Wyoming's statutes define marriage as "a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential." Wyo. Stat. Ann. § 20-1-101 (2013). Plaintiffs assert this statute is unconstitutional under Kitchen and Bishop.
Also at issue is Wyoming Statute § 20-1-111, which states, "All marriage contracts which are valid by the laws of the country in which contracted are valid in this state." Plaintiffs argue same-sex marriages that are valid under the laws of other states and other countries are not given effect in Wyoming, despite the clear language of this statute.
Plaintiffs' civil rights action for declaratory and injunctive relief, filed under 42 U.S.C. § 1983, seeks to declare § 20-1-101 invalid under the United States Constitution. Plaintiffs allege Wyoming's prohibition on same-sex marriage violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the federal constitution.
Several of the Plaintiffs in this case filed an earlier, similar action in Wyoming state court on March 5, 2014, in Courage v. State o/Wyoming, Laramie County District Court Docket Number 182-262. In that action, the plaintiffs contend Wyoming Statute § 20-1-101 is unconstitutional because it violates the Wyoming Constitution. 3. Kitchen v. Herbert and Bishop v. Smith Summaries
The parties and the Court agree the Tenth Circuit decisions in Kitchen and Bishop control the merits of this case. In Kitchen, several same-sex couples challenged Utah's state statute and state constitutional amendment that restricted marriage to opposite-sex couples. Kitchen, 755 F.3d at 1199-1200. After finding the plaintiffs had standing to sue the defendants, id. at 1201-
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 4 of 16
04, the Tenth Circuit detennined the fundamental right to marry includes the right to marry a person of the same sex, id. at 1218. Having detennined a fundamental liberty was at stake, the Tenth Circuit then examined the challenged state laws under strict scrutiny and found they could not pass constitutional muster. Id. at 1218-28. The Court held that "under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right -as is recognized for persons who wish to marry a person of the opposite sex." Id. at 1229-30.
Similarly, in Bishop, several same-sex couples challenged Oklahoma's state constitutional amendment limiting marriage to opposite-sex couples. Bishop, 760 F.3d at 107475. The Tenth Circuit found the plaintiffs had sufficient standing to sue, id. at 1076-1079, and detennined the merits of the appeal were controlled by its decision in Kitchen, id. at 1079. The Tenth Circuit stated that none of the arguments presented in Bishop "persuade us to veer from our core holding that states may not, consistent with the United States Constitution, prohibit same-sex marriages." Id. at 1082.
DISCUSSION With this backdrop in place, the Court turns to the issues that must be considered in detennining whether a preliminary injunction in Plaintiffs' favor is warranted. 1. Standing State Defendants contend Plaintiffs lack standing in this lawsuit, at least as against State Defendants. (Doc. 26 at p. 5.) The Court first examines the issue of standing because it is a component of the Court's jurisdiction. Dias v. City & Cnty. ofDenver, 567 F.3d 1169, 1176 (10th Cir. 2009).
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 5 of 16
The requirements for standing to sue in federal court under Article III of the United States Constitution are well-known:
To establish Article III standing, a plaintiff must establish (1) that he or she has "suffered an injury in fact;" (2) that the injury is '''fairly traceable to the challenged action of the defendant; '" and, (3) that it is "likely" that "the injury will be redressed by a favorable decision." Awad v. Ziriax, 670 F.3d 1111, 1120 (10th Cir. 2012) (quoting Ariz. Christian Sch. Tuition Org. v. Winn, 131 S. Ct. 1436, 1442 (2011)). The Court finds the Tenth Circuit's discussion of the plaintiffs' standing in Kitchen controls the question of standing in this case. There, the Tenth Circuit first determined the plaintiffs who had been denied marriage licenses had standing to sue the county clerk because Utah county clerks are responsible for issuing marriage licenses. Kitchen, 755 F.3d at 1201-02. The same is true in Wyoming, where county clerks are charged by statute with issuing marriage licenses. Wyo. Stat. Ann. 20-1-103(a) (2013). The court also agreed the plaintiffs in Kitchen suffered recognizable harm because they were deprived of the many benefits of a recognized marriage, financial and otherwise. Kitchen, 755 F.3d at 1201. Those same harms, including financial injury, exist here. (See Doc. 41-1 at pp. 2-3; Docs. 7-2 through 7-8 (plaintiffs' affidavits)). The Tenth Circuit also concluded the plaintiffs had standing to sue the Utah governor due to his supervisory power and authority to compel lawful compliance from county clerks and other officials. Kitchen, 755 F.3d at 1203-04. As with Utah, Wyoming's "executive power" is "vested in" the state's governor. Wyo. Const. art. 4, § 1; Kitchen, 755 F.3d at 1203 (quoting Utah Const. art. VII, § 5). Additionally, Governor Mead and the other State Defendants have demonstrated a "willingness to exercise" their duty to ensure county clerks, other state officials,
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 6 of 16
and state agencies enforce Wyoming's prohibition against same-sex marriage. 1 See Doc. 41-2 at
u.s. pp. 2-3; see also Kitchen, 755 F.3d at 1203 (quoting Chamber ofCommerce ofthe v.
Edmondson, 594 F.3d 742,760 (10th Cir. 2010)). Finally, an injunction would redress Plaintiffs' harms by prohibiting Defendants (and
others) from enforcing Wyoming Statute § 20-1-101 and restricting marriage and benefits to opposite-sex couples. See Kitchen, 755 F.3d at 1204. Therefore, "standing issues do not prevent" the Court from considering this case. See id. 2. Abstention
Defendant Lathrop argued in her response to the motion for preliminary injunction that this Court should stay or abstain in the instant case to allow the state court case to proceed. (Doc. 16 at pp. 3-6.) Defendant Lathrop, however, appears to have abandoned that argument and, at the hearing, requested an immediate ruling from the Court in this case. Nevertheless, in light of the parallel and earlier-filed state case, the Court will consider whether abstention is appropriate.
There are certain federal cases where withholding authorized equitable relief is the correct action because to do otherwise would cause ''undue interference with state proceedings." New Orleans Pub. Serv., Inc. v. Council ofCity ofNew Orleans, 491 U.S. 350,359 (1989). Even in cases where abstention is permissible, though, it is "the exception, not the rule." Hawaii Housing Authority v. Midkiff, 467 U.S. 229,236 (1984) (quoting Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 813 (1976)).
1 See, e.g., Laura Hancock, Mead Says Supreme Court Move Has No Impact on Wyoming's Gay Marriage Case, Casper Star-Tribune, Oct. 6,2014, available at http://trib.comlnews/stateand-regionallgovt-and-politics/mead-sayssupreme-court-move-has-no-impact-onwyominglarticle_£277c9c6-6d1b-590c-9d8f-1 096140242b7.html (last accessed October 17, 2014) (quoting Governor Mead as saying, "The attorney general will continue to defend Wyoming's constitution defining marriage between a man and a woman.").
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 7 of 16
The Court finds abstention is inappropriate in this case. The arguments advanced in the pending state case are materially different from those advanced here. Specifically, the plaintiffs in the concurrent state case challenge Wyoming Statute § 20-1-101 under the state constitution whereas Plaintiffs here challenge it under the federal constitution. This difference is important because the state court's decision will not necessarily dispose of this federal lawsuit. See Burns v. Hickenlooper, 2014 WL 3634834, at *5 n.3 (D. Colo. July 23, 2014) (unpublished) (declining to abstain from deciding and deferring to state court matters of federal constitutional law). Unlike this Court, Wyoming state courts are not bound by decisions of the Tenth Circuit. Olmstead v. American Granby Co., 565 P.2d 108, 113 (Wyo. 1977). Accordingly, it is possible the state court could find § 20-1-101 is valid under the Wyoming Constitution while ignoring Kitchen and Bishop. Such a decision obviously would not address the federal law issues raised in the instant case. Thus, the state and federal cases are not parallel. See Fox v. Maulding, 16 F.3d 1079, 1081 (10th Cir. 1994) (before examining abstention factors, "a federal court must first determine whether the state and federal proceedings are parallel").
The United States Supreme Court has explained the general duty of a federal court to consider cases over which it has jurisdiction:
[T]he courts of the United States are bound to proceed to judgment and to afford redress to suitors before them in every case to which their jurisdiction extends. They cannot abdicate their authority or duty in any case in favor of another jurisdiction. When a Federal court is properly appealed to in a case over which it has by law jurisdiction, it is its duty to take such jurisdiction.... The right of a party plaintiff to choose a Federal court where there is a choice cannot be properly denied. New Orleans Pub. Serv., 491 U.S. at 358-59 (1989). The Court finds the instant case does not fit within the abstention exception to the general rule that a federal court should consider cases over which it has jurisdiction. See Wolfv. Walker, --- F. Supp. 2d ---,2014 WL 1207514, at *4, 5
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 8 of 16
(W.D. Wis. Mar. 24, 2014) (rejecting abstention under similar factual circumstances); McGee v. Cole, 993 F. Supp. 2d 639, 646 (S.D.W. Va. Jan. 29, 2014) (same). Indeed, the Supreme Court has affirmed there is no requirement to defer "to a state judicial proceeding reviewing legislative or executive action. Such a broad abstention requirement would make a mockery of the rule that only exceptional circumstances justify a federal court's refusal to decide a case in deference to the States." New Orleans Pub. Serv., 491 U.S. at 368. Therefore, the Court will not defer this case in favor of the concurrent state lawsuit. 3. Preliminary Injunction
The Court now turns to the merits of Plaintiffs' request for a preliminary injunction, which would prevent Wyoming from limiting marriage to opposite-sex couples under Wyoming Statute § 20-1-101. A preliminary injunction is an extraordinary equitable remedy. Westar Energy, Inc. v. Lake, 552 F.3d 1215, 1124 (10th Cir. 2009). For a preliminary injunction to issue, the moving party must establish four elements:
(l) a substantial likelihood that it will ultimately succeed on the merits of its suit; (2) it is likely to be irreparably injured without an injunction; (3) this threatened harm outweighs the hann a preliminary injunction may pose to the opposing party; and, (4) the injunction, if issued, will not adversely affect the public interest. Flood v. ClearOne Commc 'ns, Inc., 618 F.3d 1110, 1117 (10th Cir. 2010) (citing Gen. Motors Corp. v. Urban Gorilla, LLC, 500 F.3d 1222, 1226 (10th Cir. 2007)). Beyond merely an extraordinary remedy in this case, though, Plaintiffs request a "disfavored" type of preliminary injunction. The three types of disfavored preliminary injunctions are "those altering the status quo, 'mandatory' preliminary injunctions, and those granting the moving party all the relief it could achieve at trial." Flood, 618 F.3d at 1117 n.l. Plaintiffs' requested injunction touches on all three fonns of disfavored injunctions because it would alter the status quo, constitutes a
Page 8 of16

Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 9 of 16
mandatory injunction (i. e., it requires the nonmoving party to undertake affirmative action), and would provide Plaintiffs all the substantive relief they could recover at a full trial on the merits.2 For a disfavored preliminary injunction to issue, the moving party must satisfy a heightened standard by making a "strong showing of the likelihood of success on the merits and the balance of harms." I~. (quoting Westar Energy, 552 F.3d at 1224).
3.1 Substantial Likelihood of Success on the Merits Plaintiffs have made a strong showing that they are substantially likely to succeed on the merits of their claim. The Tenth Circuit opinions ofKitchen and Bishop control this part of the preliminary injunction analysis. Those cases establish a fundamental right to marry a person of the same gender exists, and state laws barring same-sex marriage unconstitutionally infringe upon that right. Kitchen, 755 F.3d at 1218, 1229-30; Bishop, 760 F.3d at 1079, 1082. The Court therefore concludes Plaintiffs have made a strong showing that they will succeed in establishing Wyoming Statute § 20-1-101 impermissibly violates their rights guaranteed by the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. 3.2 Likelihood of Irreparable Harm Next, Plaintiffs have also shown substantial irreparable injury will likely result if a preliminary injunction is not issued. "When an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary." Kikumura v. Hurley, 242 F.3d 950, 963 (lOth Cir. 2001) (quoting 11A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2948.1 (2d ed. 1995»; see also Awad, 670 F.3d at 1131 (finding a "violation of constitutional rights" to present a likely irreparable harm). Plaintiffs' asserted harms are irreparable because "the court would be unable to grant an effective monetary
2 Plaintiffs also request attorney fees under 42 U.S.C. § 1988, but that request is a collateral matter having no bearing on the merits of the case.
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 10 of 16
remedy after a full trial because such damages would be inadequate or difficult to ascertain." Awad, 670 F.3d at 1131 (quoting Dominion Video Satellite, Inc. v. EchoStar Satellite Corp., 269 F.3d 1149,1156 (lOth Cir. 2001)). Plaintiffs' strong showing ofa violation of their constitutional rights-including their fundamental liberty to marry a person of the same sex and have their same-sex marriages given legal effect-satisfies the irreparable harm factor.
3.3 Balancing of Potential Harms The third factor in the preliminary injunction analysis requires Plaintiffs to make a strong showing that their threatened injury outweighs any potential injury to Defendants. State Defendants focus their attention on this and the final preliminary injunction factor. (Doc. 26 at pp.7-10.) State Defendants argue that an abrupt preliminary injunction would cause considerable interference in the administration of "countless agencies and political subdivisions," requiring them to "reform their regulations, policies, and practices to the extent those practices and regulations rely upon Wyoming's statutory definition of marriage." (Doc. 26 at p. 8.) The Court holds many similar concerns about the collateral consequences of a preliminary injunction. However, the fact is State Defendants failed to offer even a scintilla of evidence to support their assertion that a preliminary injunction would cause such administrative nightmares. At the preliminary injunction hearing, State Defendants offered no exhibits and called no witnesses to testify. (See Doc. 43.) The record in this case is utterly devoid of anything beyond conjecture or speculation supporting State Defendants' claims that the State will suffer a "severe impact" and a "profound change to the State's and the local authorities' administration of government." (See Doc. 26 at p. 9.) Additionally, the Tenth Circuit has stated the interests of those represented by the government, such as voters, in a law that is likely unconstitutional simply do not outweigh the
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 11 of 16
protection of a person's constitutional rights. Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1145 (10th Cir. 2013), aff'd 134 S. Ct. 2751; see also Awad, 670 F.3d at 1131-32 (citing Coal./or Econ. Equity v. Wilson, 122 F.3d 692, 699 (9th Cir. 1997)). Defendants have not established they will suffer any hann, let alone potential hann that outweighs the hann to Plaintiffs' fundamental rights. Plaintiffs have made a strong showing that their threatened injury outweighs any potential injury to Defendants.
3.4 Effect on Public Interest Finally, the issuance of the preliminary injunction would not be adverse to the public interest as "it is always in the public interest to prevent the violation of a party's constitutional rights." Hobby Lobby, 723 F.3d at 1147 (quoting Awad v. Ziriax, 670 F.3d at 1132). There is undoubtedly a public interest in having the will of Wyoming's voters and legislators carried out, but that interest is overridden by the public's interest in protecting fundamental rights. This final preliminary injunction factor also strongly weighs in Plaintiffs favor. 3.5 A Preliminary Injunction Shall Issue In summary, even under the heightened standard, Plaintiffs have shown that all the factors favor a preliminary injunction. Consequently, Plaintiffs' request for preliminary injunction will be granted. 4. Temporary Stay of Preliminary Injunction State Defendants' primary argument was that granting a preliminary injunction would deny them the opportunity to fully defend Wyoming's state laws. (Doc. 26 at p. 10.) Rule 62(c) of the Federal Rules of Civil Procedure provides, "While an appeal is pending from an interlocutory order or final judgment that grants ... an injunction, the court may suspend, modify, restore, or grant an injunction on tenns for bond or other tenns that secure the opposing
Page 11 of16

Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 12 of 16
party's rights." Fed. R. Civ. P. 62(c). "Rule 62(c) empowers a district court, in its discretion, to modify injunctions during the pendency of an appeal." Middle Rio Grande Conservancy Dist. v. Norton, 294 F.3d 1220,1231 n.13 (lOth Cir. 2002); see also Rhines v. Weber, 544 U.S. 269, 276 (2005) (stating district courts "ordinarily have authority to issue stays, where such a stay would be a proper exercise of discretion"); Enelow v. New York Life Ins. Co., 293 U.S. 379, 382 (1935) (explaining a district court may stay a case "pending before it by virtue of its inherent power to control the progress of the cause so as to maintain the orderly processes ofjustice").
The purpose of a stay is to preserve the status quo pending appeal. McClendon v. City of Albuquerque, 79 F.3d 1014, 1020 (10th Cir. 1996). The status quo is "the last peaceable uncontested status existing between the parties before the dispute developed." 0 Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, 389 F.3d 973, 1006 (10th Cir. 2004) (citing 11A Charles Alan Wright et aI., Federal Practice and Procedure § 2948, at 136 n.14 (2d ed. 1995». Here, the status quo existed before Wyoming Statute § 20-1-101 came under attack by Plaintiffs. Accordingly, the status quo in Wyoming limited marriage to opposite-sex couples.
Exercising its discretion, the Court will order a temporary stay to allow Defendants time to seek relief from the Tenth Circuit. See Evans v. Utah, --- F. Supp. 2d ---, 2014 WL 2048343, at *18 (D. Utah May 19, 2014); Burns v. Hickenlooper, 2014 WL 3634834, at *5 (D. Colo. July 23,2014) (unpublished). The Court is sympathetic to the mounting irreparable harms faced by Plaintiffs. However, the many changes that result from this ruling are very serious and deserve as much finality as the Court can guarantee. Given the important and fundamental issues apparent in this case, it is in the litigants' and public's interests to ensure the correct decision is rendered. It would only cause a great deal of harm and heartache if this Court allowed same-sex marriage to proceed immediately, only to have a reviewing court later nullify this decision (and
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 13 of 16
with it, the same-sex marriages occurring in the interim). The Court understands that every day where same-sex couples are denied their constitutional rights is another day filled with irreparable harm. But it is at least equally important that all same-sex marriages carry the same prominence and finality that attend opposite-sex marriage, including the various obligations and liabilities incumbent within the marital relationship.
Therefore, in its discretion under Fed. R. Civ. P. 62(c) and applicable case law, the Court will temporarily stay the implementation of the preliminary injunction until 5:00 p.m. on Thursday, October 23,2014, Q! until Defendants file a notice that they will not seek review in the Tenth Circuit, whichever occurs earlier.
CONCLUSION This Court is bound to apply and follow Tenth Circuit precedent unless and until it is overruled by the Tenth Circuit en banc or superseded by a contrary United States Supreme Court decision. See United States v. Spedalieri, 910 F.2d 707, 709 n.2 (10th Cir. 1990); Thierry v. Gibson, 194 F.3d 1321 (lOth Cir. 1999). The Tenth Circuit's decisions in Bishop and Kitchen are binding upon this Court and determinative. Plaintiffs have standing to pursue their constitutional claims against these Defendants. Based upon Kitchen and Bishop, Plaintiffs have shown a strong likelihood of success on the merits. Because the harm in this case involves the violation of a constitutional right, it is irreparable. See Elrod v. Burns, 427 U.S. 347, 373 (1976). Where the moving party has shown a likelihood of success on the merits as to a constitutional violation, the balance of harms generally favors granting preliminary injunctive reliefbecause the public is not harmed by enjoining the enforcement of a likely unconstitutional statute. ACLU ofIll. v. Alvarez, 679 F.3d 583,589-90 (7th Cir. 2012); Hobby Lobby, 723 F.3d at 1145. Preventing the violation of a party's constitutional rights is always in the public interest.
Page 13 of16

Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 14 of 16
Alvarez, 670 F.3d at 1132. Where mandatory or injunctive relief would afford the movant all the relief that he or she may be entitled to recover at the conclusion of a full trial on the merits, Plaintiffs are required a make a "strong showing" both with regard to the likelihood of success and balance ofhanns. See Schrier v. Univ. o/Colorado, 427 F.3d 1253, 1258-59 (10th Cir. 2005). They have done so here and therefore are entitled to preliminary injunctive relief.
"We the people of the United States, in Order to fonn a more perfect Union, establish Justice, insure domestic tranquility, provide for common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution of the United States." Our Constitution is the shortest and longest surviving written charter of government. Enlightened by their past experiences, its framers wisely separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments. It is upon these principles that we live together in this Country as Americans and it is the fabric that we have chosen to weave together, in compromise of our own independent strands of existence-this is our democracy.
As noted by Justice Harlan, "[t]he powers of the federal judiciary will be adequate for the great burdens placed upon them only if they are employed prudently, with recognition of the strengths as well as the hazards that go with our kind of representative government." Flast v. Cohen, 392 U.S. 83, 131 (1968).
The high power has been conferred on this court of passing judgment upon the acts of the state sovereignties, and of the legislative and executive branches of the Federal government, and of detennining whether they are beyond the limits of power marked out for them respectively by the Constitution of the United States. This tribunal, therefore, should be the last to overstep the boundaries which limit its own jurisdiction. And while it should always be ready to meet any question confided to it by the Constitution, it is equally its duty not to pass beyond its appropriate sphere of action, and to take care not to involve itself in discussions which properly belong to other forums.
Page 14 of16

Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 15 of 16
Taylor v. Beckham, 178 U.S. 548, 580-81 (1900). This restraint was employed by the United States Supreme Court in declining to recognize and therefore create a fundamental right to assistance in committing suicide:
By extending constitutional protection to an asserted right or liberty interest, we, to a great extent, place the matter outside the arena of public debate and legislative action. We must therefore "exercise the utmost care whenever we are asked to break new ground in this field," ibid., lest the liberty protected by the Due Process Clause be subtly transformed into the policy preferences of the Members of this Court, Moore, 431 U.S., at 502, 97 S.Ct., at 1937 (plurality opinion). Washington v. Glucksberg, 521 U.S. 702, 720 (1997). The preferred forum for addressing the issues presented by Plaintiffs in this case is the arena of public debate and legislative action. However, that ship has sailed. It is not the desire or preference of this Court to, with the stroke of a pen, erase a State's legislative enactments. Nonetheless, the binding precedent ofKitchen and Bishop mandate this result, and this Court will adhere to its Constitutional duties and abide by the rule of law.
ORDER IT IS THEREFORE ORDERED that Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order (Doc. 7) is hereby GRANTED. Defendants are hereby enjoined from enforcing or applying Wyoming Statute § 20-1-101, or any other state law, policy, or practice, as a basis to deny marriage to same-sex couples or to deny recognition of otherwise valid same-sex marriages entered into elsewhere. Marriage licenses may not be denied on the basis that the applicants are a same-sex couple. Additionally, under Fed. R. Civ. P. 65(c), Plaintiffs shall not be required to post security for the preliminary injunction. IT IS FURTHER ORDERED that a temporary stay is hereby GRANTED. The
preliminary injunction shall be stayed until 5:00 p.m. on Thursday October 23,2014, m: until all
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Case 2:14-cv-00200-SWS Document 44 Filed 10/17/14 Page 16 of 16 Defendants have filed a notice that they will not appeal the preliminary injunction to the Tenth Circuit Court of Appeals, whichever first occurs.
IT IS FINALLY ORDERED that, in light of the Court granting the preliminary injunction affording Plaintiffs all of their requested substantive relief, Plaintiffs' request for a
DATED this ---L..-_ _ United States District Judge
Page 16 of16

 
 Case 2:14-cv-00200-SWS Document 45 Filed 10/17/14 Page 1 of 2

Mark T. Voss, Wyo. St. Bar No. 6-2897 Bernard P. Haggerty, Wyo. St. Bar No. 6-2679 Laramie County Attorney's Office
310 West 19th Street, Suite 320
Cheyenne, WY 82001 307-633-4370; 307-633-4329 (fax) mvoss@laramiecounty.com bemardh@laramiecounty.com
Attorneys for Defendant Debra K. Lathrop, Laramie County Clerk

U.S. •••:

- court

DISTRICT OF WYOMING

m OCT 17 PF1 2 M5

STEPHAN : RIS, CLERK
CHEYENNE

UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

Anne Marie Guzzo and Bonnie Robinson; Ivan Williams and Charles Killion; Brie Barth and Shelly Montgomery; Carl Oleson and Rob Johnston; and Wyoming Equality,
Plaintiffs,
v.

Case No. 14-cv-00200-SWS

Matthew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in his official capacity as Director of the Wyoming Department of Administration and Information; Dave Urquidez, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and Debra K. Lathrop, in her official capacity as Laramie County Clerk,
Defendants,

NOTICE OF DEFENDANT DEBRA K. LATHROP, LARAMIE COUNTY CLERK

The Defendant Clerk notifies the Court and the parties that she will not appeal the

preliminary injunction [Doc. 44] to the United States Court of Appeals for the Tenth Circuit.

Case 2:14-cv-00200-SWS Document 45 Filed 10/17/14 Page 2 of 2

 
 Case 2:14-cv-00200-SWS Document 47 Filed 10/21/14 Page 1 of 2

Fii

IN THEUNITED STATES DISTRICT COURT

DlSTiuv,V C"" URJ
OF V/VvMiNG

FOR THE DISTRICT OF WYOMING

?oi^ on 21 m 9 59

ANNE MARIE GUZZO and BONNIE ROBINSON; IVAN WILLIAMS and CHARLES KILLION; BRIE BARTH and SHELLY MONTGOMERY; CARL OLESON and ROB JOHNSTON; and WYOMING EQUALITY;

STEPHAH

ClcUix

CASPER

Plaintiffs,
vs.

Case No. 14-CV-200-SWS

MATTHEW H. MEAD, in his official capacity as the Governor of Wyoming; DEAN FAUSSET, in his official capacity as Director of the Wyoming Department of Administration and Information; DAVE URQUIDEZ, in his official capacity as Administrator of the State of Wyoming Human Resources Division; and DEBRA K. LATHROP, in her official capacity as Laramie County Clerk;

Defendants.

ORDER LIFTING TEMPOIMRY STAY
This matter comes before the Court upon the Defendants' notices of non-appeal. (Docs. 45, 46.) In its Order Granting Preliminary Injunction and Temporary Stay, the Court temporarily stayed enforcement of the preliminary injunction to provide State Defendants the opportunity to seek en banc review in the Tenth Circuit Court of Appeals. (Doc. 44.) However, all Defendants have now filed notice that they will not seek review in the Tenth Circuit, and the reason for the temporai'y stay no longer exists.
IT IS THEREFORE ORDERED that the temporary stay is hereby lifted and the preliminary injunction granted on October 17, 2014 (Doc. 44) is given immediate force and

Case 2:14-cv-00200-SWS Document 47 Filed 10/21/14 Page 2 of 2

effect. Defendants are immediately enjoined from enforcing or applying Wyoming Statute § 20-

1-101, or any other state law, policy, or practice, as a basis to deny marriage to same-sex couples

or to deny recognition of otherwise valid same-sex marriages entered into elsewhere, and

marriage licenses may not be denied on the basis that the applicants are a same-sex couple. See

Swift & Co. V. Wickham, 382 U.S. Ill, 117 (1965) ("Ex parte Young, 209 U.S. 123, 28 S. Ct.

441, 52 L.Ed. 714 [1908], established firmly the corollary that inferior federal courts could

enjoin state officials from enforcing such unconstitutional state law."); Buchwald v. Univ. of

N.M. School ofMedicine, 159 F.3d 487, 495 (10th Cir. 1998) ("£x parte

recognizes an

exception to Eleventh Amendment immunity under which a state officer may be enjoined from

taking steps toward the enforcement of an unconstitutional enactment, to the injury of

complainant.") (internal citation and quotation marks omitted).

DATED this ^ ^ day of October, 2014.

^^-icotf Wy Skavdahl

1

United States District Judge

Page 2 of 2

 
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Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 1 of 23

Tracy L. Zubrod ZUBROD LA W OFF ICE, PC 2 19 East 18th Street Cheyenne, WY 8200 1 Telephone: (307) 778 -2557 Facs imil e: (307) 778 -8225 Email: zubrod@ao l. com
L. James Lyman* Thomas W. Stoever, Jr. ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4400 Denver, Colorado 80202 -1 370 Tel ephone: (303) 863 -1 000 Facsimile: (303) 832-0428 Email: james.lyman@aporter.com
Qusair Mohamedbhai RATI-lOD MOI-IAMEDBI-IAI LLC 15 18 Blake Street Denver, CO 80202 Te lephone: (303) 578-4400 Facsimile: (303) 578-440 I Emai l: qm@rmlawyers.com
Shannon P. MinterChristopher F, Stoll * NATIONAL CENTER FOR LESBIAN RlGI-ITS 870 Market Street, Sui te 370 San Francisco, CA 94 102 Telephone: (4 15) 365-1335 Facsimile: (4 15) 392-8442 Email: sminter@nclri ghts.o rg
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Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 2 of 23

UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

Plaintiffs,
Anne Marie Guzzo and Bonnie Robinson; Ivan Willi ams and Charles Killion ; Brie Barth and Shelly Montgomery; Carl Oleson and Rob Jolmston ; and Wyoming Equality,
v.
Defendants,
Matt hew H. Mead, in his official capacity as the Governor of Wyoming; Dean Fausset, in hi s o fficial capacity as Director of the Wyoming Department of Ad mini stration and Information; Dave Urquidez, in hi s official capacity as Administrator of the State of Wyo ming Human Resources Division; and Debra K. Lathrop, in her officia l capacity as Laramie County C lerk

) ) ) ) ) ) ) ) )
) Case No. \l\-=CU -am ~
) ) ) ) ) ) ) ) ) )

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

I. In direct violation of the United States Constitution, Wyomi ng unlawfull y den ies the issuance of marriage licenses to same-sex couples, and refuses to recogni ze the marriages of same-sex couples lawfull y entered in other jurisdictions. See Wyo . Stat. § 20-1 - 10 I.
2. " [T]he Fourteenth Amendment protects the fundamental right to marry, establish a fa mily, raise children, and enjoy the full protection of a state 's marital laws. A state may not deny the issuance of a marriage li cense to two persons, or refuse to recogni ze their marriage, based so lely upon the sex of the persons in the marriage union." Kitchen v. Herbert , 755 F.3d 1193, 11 99 ( 10th Cir. 20(4), cert. denied, 20 14 WL 384 1263 (Oct. 6, 20 (4); see also Bishop v.
2

Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 3 of 23
Smith, 760 F.3d 1070, 1080 (10th Cir. 2014) (reaffirming Kitchen's "core holding" that "[s]tate bans on the licensing of same-sex marriage significantly burden the fundamental right to marry").
3. Plaintiffs are same-sex couples who live in Wyoming, and Wyoming Equality, a non-profit organization dedicated to securing full equality for Wyoming's lesbian, gay, bisexual, and transgender ("LGBT") community. The Plaintiff couples are active and contributing members of society, with diverse backgrounds and educations. They are distinguished counselors, professors, nurses, and artists, among other professions. Some are parents; others do not have children. The situations faced by these couples are similar to those faced by many other same-sex couples in Wyoming who are denied the basic rights, privileges, and protections of marriage for themselves and their children.
4. Wyoming, like other states, encourages and regulates marriage through hundreds of laws that provide benefits to and impose obligations upon married couples. In exchange, Wyoming receives the well-established benefits that marriage brings: stable, supportive families that create loving homes for children and contribute to both the social and economic well-being of Wyoming.
5. Wyoming's refusal to marry same-sex couples and recognize the valid out-ofstate marriages of same-sex couples violates the Due Process and Equal Protection Clauses of the United States Constitution. See Kitchen, 755 F.3d at 1229. This Court should so declare and issue an injunction requiring Defendants to issue marriage licenses to the unmarried plaintiffs without regard to their status as same-sex couples, and to recognize the existing marriages of same-sex couples who are already married in other jurisdictions.
3

Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 4 of 23
6. Plaintiffs Anne Marie Guzzo and Bonnie Robinson, Ivan Williams and Charles "Chuck" Killion, and Brie Barth and Shelly Montgomery (collectively the "Unmarried Plaintiffs") are unmarried same-sex couples in committed relationships who desire to marry in Wyoming. The Unmarried Plaintiffs meet all the requirements Wyoming imposes for the issuance of marriage licenses except that they are same-sex couples.
7. The Unmarried Plaintiffs wish to publicly declare their love and commitment before their family, friends, and community; to join their lives together and enter into a legally binding commitment to one another; and to share in the protections and security that marriage provides. The Unmarried Plaintiffs have strong ties to Wyoming and getting married in their home state of Wyoming is of immense personal importance to them.
8. Like many other couples with a life-long commitment, the Unmarried Plaintiffs are spouses in every sense except for their inability to legally marry under Wyoming law, which provides that "[m]arriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential." Wyo. Stat. § 20-1-101. This provision forbids the Unmarried Plaintiffs from marrying in Wyoming.
9. Plaintiffs Carl Oleson and Rob Johnston (collectively the "Married Plaintiffs"), were legally married in Canada. However, in their home state of Wyoming, they are treated as legal strangers to one another.
10. Wyoming officials refuse to recognize the lawful marriages of same-sex couples who married in other jurisdictions and deny those married couples the rights and protections of marriage. By refusing to recognize the lawful marriages of the Married Plaintiffs and denying them all of the rights and protections given to other legally married couples, Wyoming has effectively nullified their legal status and their rights and responsibilities as married people.
4

Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 5 of 23
11. Wyoming's exclusion of same-sex couples from marriage and refusal to respect the marriages of legally married same-sex couples adversely impact the Plaintiff couples, and other Wyoming same-sex couples who are members of Wyoming Equality, in real and significant ways. When Wyoming withholds a marriage license from a same-sex couple, or refuses to recognize a same-sex couple's valid marriage from another jurisdiction, it circumscribes the affected individuals' basic life choices, classifies the affected individuals and couples in a manner that denies them the public recognition and myriad benefits of marriage, prevents the couple from making a legally binding commitment to one another and from being treated by the government and by others as a family rather than as unrelated individuals, and harms society by burdening and disrupting committed families and preventing couples from being able to fully protect and assume responsibility for one another and their children. The Plaintiff couples and their children are stigmatized and relegated to second-class status.
12. Wyoming's exclusion of same-sex couples from marriage and refusal to respect existing marriages undermines the Plaintiff couples' ability to achieve their life goals and dreams, disadvantages them financially, and denies them "dignity and status of immense import." United States v. Windsor, 133 S. Ct. 2675, 2692 (2013); Kitchen, 755 F.3d at 1212. Wyoming's disparate treatment of same-sex couples "tells those couples and all the world that their [relationships] are unworthy" of recognition. Windsor, 133 S. Ct. at 2694; Kitchen, 755 F.3d at 1207. By singling out same-sex couples and their families and excluding them from any type of marital protection, Wyoming "humiliates ... children now being raised by same-sex couples" and "makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives." Windsor, 133 S. Ct. at 2694; Kitchen, 755 F.3d at 1207.
5

Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 6 of 23
13. History has taught that the legitimacy and vitality of marriage do not depend on upholding discriminatory marriage laws. Accordingly, our courts and society have discarded, one by one, marriage laws that violated the mandate of equality guaranteed by the Constitution. Kitchen, 755 F.3d at 1209-10.
14. Wyoming's exclusion of same-sex couples from marriage and its refusal to respect the marriages of same-sex couples validly entered into in other jurisdictions deprive the Plaintiffs of their fundamental right to marry and infringe upon their constitutionally protected interests in liberty, dignity, privacy, autonomy, family integrity, and intimate association. Kitchen, 755 F.3d at 1218. Wyoming's refusal to respect their marriages further deprives the Married Plaintiffs of their constitutionally protected liberty interest in their fundamental right to remain married even if they move to another state. Kitchen, 755 F.3d at 1213.
15. Wyoming's treatment of the Plaintiff couples is subject to strict scrutiny because it burdens fundamental constitutional rights. Kitchen, 755 F.3d at 1218. Wyoming's treatment of the Plaintiff couples and other same-sex couples cannot survive any level of constitutional scrutiny, however, because it does not rationally further any legitimate government interest, but serves only to injure and humiliate same-sex couples and their families.
16. Plaintiffs seek a declaration from this Court that Wyo. Stat. § 20-1-101 and Wyoming's practice of refusing to recognize the marriages of same-sex couples violate the Fourteenth Amendment to the United States Constitution, and a declaratory judgment to permanently enjoin the enforcement of Wyo. Stat. § 20-1-101 and any other Wyoming statutes or practices that refuse to allow same-sex couples to marry within the state or to recognize the validity of out-of-state marriages of same-sex couples.
6

Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 7 of 23
17. Specifically, Plaintiffs seek: (a) a declaration that Wyoming's prohibition of marriage for same-sex couples violates the Due Process and Equal Protection Clauses of the United States Constitution; (b) a declaration that Wyoming's refusal to recognize the marriages of same-sex couples validly entered into in other jurisdictions violates the Due Process and Equal Protection Clauses of the United States Constitution; and (c) a permanent injunction (i) preventing Defendants from denying the Unmarried Plaintiffs the right to marry, and (ii) directing Defendants to recognize the marriages of the Married Plaintiffs that were validly entered into in other jurisdictions.
18. Plaintiffs further seek attorney fees pursuant to 42 U.S.C. § 1988. 19. Plaintiffs state causes of action against Defendants in their official capacities for purposes of seeking declaratory and injunctive relief. 20. The declaratory and injunctive relief requested in this action is sought against each Defendant; against each Defendant's officers, employees, and agents; and against all persons acting in active concert or participation with any Defendant, or under any Defendant's supervision, direction, or control.
JURISDICTION AND VENUE 21. This action arises under the Constitution and laws of the United States, including Article III, Section 1 of the United States Constitution and 42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1343. Jurisdiction supporting Plaintiffs' claims for attorneys' fees is conferred by 42 U.S.C. § 1988. 22. Venue is proper in the District of Wyoming pursuant to 28 U.S.C. § 1391(b). All of the events alleged herein occurred within the State of Wyoming, and all of the parties are and were residents of the State of Wyoming at all relevant times.
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Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 8 of 23
PARTIES A. The Plaintiffs 23. Plaintiffs Anne Marie Guzzo and Bonnie Robinson have been in a committed relationship for four years and reside in Laramie, Wyoming. They meet all of Wyoming's qualifications for issuance of a marriage license, except that they are both women. Anne was born and raised in Wyoming, and both Anne and Bonnie have a special connection to the state and wish to get married here. Anne is a professor at the University of Wyoming. If Anne and Bonnie were able to marry, Anne could add Bonnie to her state-offered health insurance plan. Because they are unable to marry, however, the couple must purchase insurance for Bonnie on the private market, at added cost. Like many other same-sex couples in Wyoming, because they are unable to marry, Anne and Bonnie also must hire an attorney to draft will and estate documents that would be unnecessary if their marriage was allowed. 24. Plaintiffs Ivan Williams and Charles "Chuck" Killion have been in a committed relationship for nearly two years, and reside in Cheyenne, Wyoming. They meet all of Wyoming's qualifications for issuance of a marriage license, except that they are both men. Chuck was born and raised in Wyoming, and both Ivan and Chuck have a special connection to the state and wish to get married here. Ivan is an employee of the State of Wyoming. If Ivan and Chuck were able to marry, Ivan could add Chuck to his state-offered health insurance plan and designate Chuck as the beneficiary of his pension. Because they are unable to marry, however, Chuck bought into his employer's health insurance plan, which is more expensive than Ivan's monthly premiums and provides fewer benefits. Additionally, Ivan and Chuck hired a lawyer to prepare advanced healthcare directives, durable powers of attorney, and other trust and estate documents that would be unnecessary if their marriage was allowed.
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Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 9 of 23
25. Plaintiffs Brie Barth and Shelly Montgomery have been in a committed relationship for the past year, and they reside in Carpenter, Wyoming. They meet all of Wyoming's qualifications for issuance of a marriage license, except that they are both women. Shelly has lived in Wyoming for eighteen years, and Brie has lived in Wyoming for more than three years, and both are committed to living in Wyoming. Both Brie and Shelly have minor children. Brie's children's father is deceased, and Brie's children see Shelly as their mother. Both Brie and Shelly are concerned that the children would be placed in foster care if Brie dies. Shelly is an employee of the State of Wyoming, and her state-provided health insurance is both less expensive than Brie's and it provides better coverage. Brie and Shelly both hope to have Brie added to Shelly's health insurance as well as Brie's children. Because they are unable to marry, however, Shelly cannot add Brie to her state-provided insurance. Brie is also a military veteran, and hopes to have Shelly and her children recognized as her spouse and family for those purposes. Like many other same-sex couples in Wyoming, because they are unable to marry, Brie and Shelly have had to spend hundreds of dollars to prepare legal documents that would be unnecessary if their marriage was allowed.
26. Plaintiffs Carl Oleson and Rob Johnston have been in a committed relationship for 16 years, and reside in Casper, Wyoming. They were legally married in Ontario, Canada, on July 16,2010. Carl manages a retail shop, and is very active in the United Church of Christ. Rob, who has a master's degree in counseling education, is a Community Prevention Professional at the Prevention Management Organization, an organization that is dedicated to preventing the health concerns attendant alcohol, tobacco, other drugs, and chronic disease, as well as preventing suicide in Wyoming. Rob recently retired from the Wyoming Department of Health, where he ran the HIV Prevention Program. While he worked for the State of Wyoming,
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Rob was informed that he was unable to add Carl as his dependent. Rob has a pension from the State of Wyoming, which lists Carl as his spouse and beneficiary. But, even though Rob and Carl are legally married, neither can have confidence that the state will recognize this designation in the event of Rob's death and, based on Wyoming's current practice of denying recognition to same-sex spouses, have a strong basis for concern that the state will not recognize Carl as a surviving spouse. Rob and Carl should not be deprived of the security that other married couples enjoy and should not have to wait until Rob's death to determine whether the State of Wyoming will honor this contract because any delay in Carl's receipt of those benefits will have detrimental consequences.
27. Plaintiff Wyoming Equality is the state's largest civil rights organization dedicated to securing full equality for Wyoming's LGBT community. The organization has many members throughout the state. Since its inception, the organization has represented the interests of Wyoming's LGBT citizens through public education, coalition-building, advocacy, and grassroots organizing. Wyoming Equality also coordinates public education campaigns and events for policymakers, LGBT people, and the public at large on issues affecting the LGBT community. Wyoming Equality's members include many same-sex couples throughout Wyoming, including residents of Laramie County who wish to marry and intend to apply for marriage licenses if the Wyoming law and practice prohibiting same-sex couples from marrying are declared unconstitutional as a result of this action. Wyoming Equality's members also include same-sex couples who lawfully married in other jurisdictions and who wish to have those marriages recognized by Wyoming. Wyoming Equality brings this action in an associational capacity on behalf of its members who desire to marry in Wyoming but are prevented from doing so by enforcement of Wyoming's law and practice excluding same-sex couples from marriage,
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or who have married in another state and whose marriages are not recognized by the State of Wyoming.
B. The Defendants 28. Defendant Matthew "Matt" Mead is Governor of the State of Wyoming. Article 4, section 4 of the Wyoming Constitution states: "[The Governor] shall expedite all such measures as may be resolved upon by the legislature and shall take care that the laws be faithfully executed." Defendant Mead is responsible for upholding and ensuring compliance with the state constitution and statutes prescribed by the legislature, including Wyoming's law barring same-sex couples from marriage. Governor Mead also bears the authority and responsibility for the formulation and implementation of policies of the executive branch. Governor Mead's official residence is in Cheyenne, Wyoming. Governor Mead was acting under color of state law at all times relevant to this complaint. He is sued in his official capacity. 29. Defendant Dean Fausset is the Director of the Wyoming Department of Administration and Information, which is the agency responsible for oversight of the Human Resources Division, which is in tum responsible for determining eligibility for benefits for state employees. Mr. Fausset is responsible for ensuring that state employees are able to add their spouses as dependents on their health and dental insurance policies. Mr. Fausset's official residence is in Cheyenne, Wyoming. Defendant Fausset was acting under color of state law at all times relevant to this complaint. He is sued in his official capacity. 30. Defendant Dave Urquidez is the Administrator of the State of Wyoming Human Resources Division, which is responsible for determining eligibility for benefits for state employees. Mr. Urquidez is responsible for ensuring that state employees are able to add their spouses as dependents on their health and dental insurance policies. Mr. Urquidez'S official
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residence is in Cheyenne, Wyoming. Defendant Urquidez was acting under color of state law at all times relevant to this complaint. He is sued in his official capacity.
31. Defendant Debra K. Lathrop is the Clerk of Laramie County, Wyoming. Under Wyoming law, as the Laramie County Clerk, Defendant Lathrop may issue a license to marry, and must record returned marriage licenses. Wyo. Stat. §§ 20-1-103(b); 20-1-107(b). Defendant Lathrop was acting under color of state law at all times relevant to this complaint. She is sued in her official capacity.
32. Defendants, through their respective duties and obligations, are responsible for enforcing Wyoming's laws barring same-sex couples from marriage and Wyoming's policy of refusing to recognize the valid marriages of same-sex couples entered into in other jurisdictions. Each Defendant, and those subject to their supervision and control, have caused the harms alleged, and will continue to injure Plaintiffs if not enjoined. Accordingly, the relief requested is sought against Defendants, as well as all persons under their supervision and control, including their officers, employees and agents.
GENERAL ALLEGATIONS Wyoming's Laws Barring Same-Sex Couples from Marriage and Refusing to Recognize the
Valid Out-of-State Marriages of Same-Sex Couples 33. Wyoming law defines marriage as "a civil contract between a male and a female person." Wyo. Stat. § 20-1-101. This definition on its face excludes same-sex couples. 34. Generally, Wyoming recognizes marriages from other states or countries that are valid under the other jurisdiction'S laws. Wyoming Statute § 20-1-111 provides that "[a]ll marriage contracts which are valid by the laws of the country in which contracted are valid in this state," and does not specifically exempt same-sex marriages from that recognition. For example, although Wyoming does not recognize common-law marriages, it will recognize a
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common-law marriage established under laws of another jurisdiction, and give such marriage the same binding effect it would have in the state in which it was consummated. See Compton v. Davis Oil Co., 607 F. Supp. 1221, 1229 (D. Wyo. 1985); see also Bowers v Wyoming State Treasurer, ex. ReI. Workman's Comp Div., 543 P.2d 182 (Wyo. 1979) ("As has been the law of this state since 1876, marriages outside the state which are valid therein are valid in this state.").
35. In contravention of its own statute, however, Wyoming does not recognize legal marriages of same-sex couples performed in other jurisdictions except for the limited purpose of allowing same-sex couples to divorce in Wyoming.
Harms Caused by Wyoming's Laws Barring Same-Sex Couples from Marriage and Refusing to Recognize Same-Sex Couples' Valid Out-of-State Marriages
36. The Plaintiff couples are residents of Wyoming who experience the same joys and challenges of family life as their neighbors, co-workers, and other community members who may marry freely and whose legal marriages are respected under Wyoming law. The Plaintiff couples, and other same-sex couples represented in interest by Wyoming Equality, are productive, contributing citizens who support their families and nurture their children, but must do so without the same legal shelter, dignity, and respect afforded by Wyoming to other families through access to the universally celebrated status of marriage.
37. Wyoming's exclusion of the Plaintiffs from marriage, and Defendants' enforcement of that exclusion, as well as Wyoming's refusal to respect the marriages of legally married same-sex couples from other jurisdictions, subject the Plaintiff couples to an inferior "second class" status as Wyoming citizens relative to the rest of the community. These laws deprive the Plaintiff couples and their children of equal dignity, security, and legal protections afforded to other Wyoming families.
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38. Plaintiffs Ivan and Chuck went to the Laramie County Clerk's office to apply for a marriage license on February 27, 2014. Defendant Lathrop, directly or through her authorized agent, informed Ivan and Chuck that they could not apply for a marriage license because they were a same-sex couple. On March 3,2014, Defendant Lathrop called Ivan and Chuck to inform them that they could apply for a marriage license, but that the application would likely be denied because Ivan and Chuck are a same-sex couple. Ivan and Chuck applied for a license later that day, but Defendant Lathrop did not issue them a license. Defendant Lathrop has acknowledged that she has a duty to issue marriage licenses to qualified couples such as Ivan and Chuck, but has not issued a license to Ivan and Chuck because Wyoming statute only allows marriage between "a male and a female person." Wyo. Stat. § 20-1-10l.
39. Plaintiffs Anne and Bonnie went to the Laramie County Clerk's office to apply for a marriage license on February 27,2014. Defendant Lathrop, directly or through her authorized agent, informed Anne and Bonnie that they could not apply for a marriage license because they were a same-sex couple. On March 3,2014, Defendant Lathrop, directly or through her authorized agent, called Anne and Bonnie to inform them that they could apply for a marriage license, although the application would likely be denied because Anne and Bonnie are a same-sex couple. Anne and Bonnie applied for a license on March 4, 2014, but Defendant Lathrop would not issue a license. Defendant Lathrop has acknowledged that she has a duty to issue marriage licenses to qualified couples such as Anne and Bonnie, but has not issued a license to Anne and Bonnie because Wyoming statute only allows marriage between "a male and a female person." Wyo. Stat. § 20-1-101.
40. Plaintiffs Brie and Shelly went to the Laramie County Clerk's office to apply for a marriage license on October 7, 2014. Defendant Lathrop, directly or through her authorized
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agent, informed Brie and Shelly that the Clerk could not issue them a marriage license at this time. The Clerk indicated that she was awaiting further guidance from the courts.
41. Plaintiffs Carl and Rob were married in Canada on July 16, 2010, and would be recognized as such under Wyoming law but for the fact that they are a same-sex couple. Instead, they are treated as legal strangers to one another under Wyoming law.
42. In addition to stigmatizing an entire class of Wyoming's population as secondclass citizens, Wyoming's prohibition on marriage by same-sex couples, and its refusal to recognize valid marriages from other jurisdictions, deprive same-sex couples of critically important rights and responsibilities that married couples rely upon to secure their marriage commitment and safeguard their families. By way of example, and without limitation, same-sex partners are denied:
a. The right to spousal insurance coverage and benefits, when spousal benefits are otherwise available. Wyo. Stat. § 9-3-209.
b. The right to be provided for by their spouse during marriage. Wyo. Stat. § 20-3101.
c. The right to a court-ordered equitable distribution of property upon the dissolution of the marriage. Wyo. Stat. § 20-2-114.
d. The right to inherit a share of the estate of a spouse who dies without a will. Wyo. Stat. § 2-4-101.
e. The right to receive a distribution of the property of a deceased spouse, free from testamentary disposition. Wyo. Stat. §§ 2-5-101 and 2-7-723.
f. The right to priority in appointment as the personal representative of the estate of a spouse who dies without a will. Wyo. Stat. § 2-4-201.
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g. The right to be a presumed parent to a child born to a spouse during marriage. Wyo. Stat. § 20-1-113.
h. The right to file a joint adoption petition. Wyo. Stat. § 1-22-104. 1. The right to have priority when making medical decisions for an ill or
incapacitated spouse without an advance health care directive. Wyo. Stat. § 3522-406. J. The right to receive certain worker's compensation benefits for a deceased spouse who died as a result ofa work-related accident. Wyo. Stat. § 27-14-403. k. The right of one spouse to be protected from having to testify against the other. Wyo. Stat. § 1-12-104. 1. The right of spouses of military personnel to be eligible for licensure in Wyoming based on experience in another state. Wyo. Stat. § 33-1-117. m. The right to rely on a spouse's residency for purposes of obtaining a resident hunting and fishing license, and to fish on certain property of a spouse without a fishing license. Wyo. Stat. §§ 23-1-107 and 23-2-208. 43. Moreover, once a couple is married in Wyoming, they are entitled to hundreds of additional benefits under federal law, which combined with the Wyoming benefits provide a safety net for those couples and their families. See Windsor, 133 S. Ct. at 2683 (noting that the General Accounting Office reported in 2004 that there were more than 1,000 references in federal law to marriage).
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CLAIMS FOR RELIEF First Claim for Relief: Wyoming's Ban on Marriage by Same-Sex Couples Deprives the Unmarried Plaintiffs of Their Fundamental Right to Marry under the Due Process and Equal Protection Clauses of the United States Constitution 44. Plaintiffs incorporate by reference and re-allege all of the preceding paragraphs of this complaint as though fully set forth herein. 45. The Due Process Clause of the Fourteenth Amendment of the United States Constitution provides that no "State [shall] deprive any person of life, liberty, or property, without due process or law." U.S. CONST. AMEND. XIV § 1. The Due Process Clause protects individuals from arbitrary government intrusion into life, liberty, and property. 46. "[U]nder the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex"; accordingly, Wyoming Statute § 20-1-101 "and similar statutory enactments do not withstand constitutional scrutiny." Kitchen, 755 F.3d at 1229-30. 47. As Wyoming's Governor and chief executive officer, Defendant Mead's duties and actions to enforce Wyoming's exclusion of same-sex couples from marriage, including those actions taken pursuant to his responsibility for the policies and actions of the executive branch relating to, for example and without limitation, health insurance coverage, vital records, tax obligations, and state employee benefits programs, violate the Unmarried Plaintiffs' fundamental right to marry and fundamental interests in liberty, dignity, privacy, autonomy, family integrity, and intimate association. The actions of Defendant Fausset and Defendant Urquidez likewise violate the Unmarried Plaintiffs' fundamental right to marry and fundamental interests in liberty, dignity, privacy, autonomy, family integrity, and intimate association.
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48. As the clerk of Laramie County, Wyoming, Defendant Lathrop ensures compliance with Wyoming's exclusion of same-sex couples from marriage by, for example, refusing to issue marriage licenses to same-sex couples. This refusal violates the Unmarried Plaintiffs' fundamental right to marry and fundamental interests in liberty, dignity, privacy, autonomy, family integrity, and intimate association.
49. Defendants cannot satisfy the requirements of Due Process because Wyoming's exclusion of same-sex couples from marriage is not rationally related to any legitimate governmental interest and thus cannot survive even rational basis review, much less the strict level of scrutiny that applies to deprivation of the fundamental right to marry and interference with fundamental interests in liberty, dignity, privacy, autonomy, family integrity, and intimate association. Kitchen, 755 F.3dat 1218-19.
50. Wyoming Statute § 20-1-101 and all other sources of state law that preclude marriage for same-sex couples violate the Due Process and Equal Protection guarantees of the United States Constitution, both facially and as applied to the Plaintiff couples.
51. "The Equal Protection Clause 'is essentially a direction that all persons similarly situated should be treated alike.' Extending the benefits and protections of a civil society to some but not all similarly situated families violates this critical guarantee." Kitchen, 755 F.3d at 1222. There is no meaningful distinction between same-sex couples and opposite-sex couples with respect to marriage. Id.
52. Insofar as they are enforcing Wyoming Statute § 20-1-101 and all other sources of Wyoming state law that preclude marriage for same-sex couples, the Defendants, acting under color of state law, are depriving and will continue to deprive the Unmarried Plaintiffs of
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numerous civil rights secured by the Fourteenth Amendment of the United States Constitution in violation of 42 U.S.C. § 1983.
53. The Unmarried Plaintiffs have no adequate remedy at law to redress the wrongs alleged herein, which are of a continuing nature and cause them irreparable harm, and the Unmarried Plaintiffs are entitled to declaratory and injunctive relief on this basis.
Second Claim for Relief: Wyoming's Failure to Recognize the Marriages of the Married Plaintiffs Deprives the Unmarried Plaintiffs of Their Fundamental Right to Marry under the Due Process and Equal Protection Clauses of the United States Constitution 54. Plaintiffs incorporate by reference and re-allege all of the preceding paragraphs of this complaint as though fully set forth herein. 55. Plaintiffs Carl and Rob are lawfully married under the laws of Canada. 56. The Married Plaintiffs in this case have a protected liberty interest and property interest in their lawful marital status and in the comprehensive protections and obligations that marriage provides. Kitchen, 755 F.3d at 1213 ("[T]he fundamental right to marry necessarily includes the right to remain married."). 57. When a marriage is legally entered into in another state or country, numerous rights, responsibilities, benefits, privileges, and protections attach to that status under state and federal law regardless of where the married couple chooses to live within the United States. Once a couple enters into a valid marriage, the couple has a liberty interest in their marital status that is protected by the Due Process and Equal Protection Clauses. Kitchen, 755 F.3d at 122930. 58. While Wyoming law expressly states that "[a]ll marriage contracts which are valid by the laws of the country in which contracted are valid in this state," Wyo. Stat. § 20-1111, in practice the legal marriages of the Married Plaintiffs have been treated as non-existent
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and without any legal effect or status in Wyoming. This practice strips the Married Plaintiffs of a valuable and fundamental legal status that was conferred on them when they entered into a valid marriage in another jurisdiction, and deems them legal strangers to each other under Wyoming law.
59. Defendants Mead, Fausset, and Urquidez (the "Wyoming Defendants") cannot satisfy the requirements of Due Process because Wyoming's exclusion of same-sex couples from marriage is not rationally related to any legitimate governmental interest and thus cannot survive even rational basis review, much less the strict level of scrutiny that applies to deprivation of the fundamental right to marry and interference with fundamental interests in liberty, dignity, privacy, autonomy, family integrity, and intimate association. Kitchen, 755 F.3d at 1218-19.
60. Wyoming's refusal to recognize the valid marriages of these Plaintiffs, and the Wyoming Defendants' actions effecting this refusal, impermissibly deprive the Married Plaintiffs of their fundamental liberty and property interests in their marriages, and violate the Due Process and Equal Protection guarantees of the United States Constitution, both facially and as applied to the Plaintiff couples.
61. By refusing to recognize the valid marriages of same-sex couples entered in other jurisdictions, the Wyoming Defendants, acting under color of state law, are depriving and will continue to deprive the Married Plaintiffs of numerous civil rights secured by the Fourteenth Amendment of the United States Constitution in violation of 42 U.S.C. § 1983.
62. The Married Plaintiffs have no adequate remedy at law to redress the wrongs alleged herein, which are of a continuing nature and will cause them irreparable harm, and the Married Plaintiffs are entitled to declaratory and injunctive relief on this basis.
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RELIEF REQUESTED WHEREFORE, Plaintiffs respectfully request that this Court enter judgment: 63. Declaring that the provisions of and enforcement by Defendants of Wyoming's laws excluding same-sex couples from marriage, including Wyoming Statute § 20-1-101, and any other sources of state law or practice that excludes same-sex couples from marrying, violate the Unmarried Plaintiffs' rights under the Due Process and Equal Protection Clauses of the United States Constitution and 42 U.S.C. § 1983; 64. Declaring that the practice, by the Wyoming Defendants and their subordinates, of refusing to recognize the valid out-of-state marriages of the Married Plaintiffs and other legally married same-sex couples violates Plaintiffs' rights under the Due Process and Equal Protection Clauses ofthe United States Constitution and 42 U.S.C. § 1983; 65. Declaring that the Married Plaintiffs' marriages are valid in the State of Wyoming, in accordance with Wyoming Statute § 20-1-111; 66. Permanently enjoining enforcement by Defendants of Wyoming Statute § 20-1101 and any other sources of state law, policy, or practice that exclude the Unmarried Plaintiffs from marriage or that refuse recognition of the marriages of the Married Plaintiffs; 67. Requiring Defendants to issue or permit issuance of marriage licenses to the Unmarried Plaintiffs, pursuant to the same restrictions and limitations applicable to opposite-sex couples, and without regard to the gender or sexual-orientation of the applicants, and to recognize the marriages validly entered into by the Married Plaintiffs; 68. Awarding Plaintiffs their costs, expenses, and reasonable attorney fees pursuant to, inter alia, 42 U.S.C. § 1988 and other applicable laws; 69. Awarding pre- and post-judgment interest at the rate allowed by law; and
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Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 22 of 23

70. Granting such other and flltt her reli ef as the Co urt deems just and proper and any other rel ief as all owed by law.

DATED: October 7, 20 14.

Respectfull y submitted,

Trac)' . Zubr d yo. Bar No. 6-2796 OFF ICE, PC
2 19 East 18th Street Cheyenne, WY 8200 I Telephone: (307) 778-2557 Facsimil e: (307) 778 -8225 Email : zubrod@ao l.co m
L. 1ames Lyman*
Thomas W. Stoever, 1r. ARNOLD & PORTER LLP 370 Seventeenth Street, Sui te 4400 Denver, Co lorado 80202-1 370 Telephone: (303) 863-1 000 Facsimil e: (303) 832-0428 Email : james.1yman@aporter.com
Qusair Mohamedbhai, Wyo. Bar No. 6-3809 RATHa D MOHAMEDBHAI LLC 15 18 Blake Street Denver, CO 80202 Te lephone: (3 03) 578-44 00 Facsimile: (303) 578-440 1 Emai l: qm@rmlawyers.com
Sharmon P. Minter' Christopher F. Sto ll ' NATIONAL CENTER FOR LESBIAN RIGH TS 870 Market Street, Sui te 370 San Francisco, CA 94 102 Te lephone: (41 5) 365-1 335 Facsimil e: (4 15) 392-8442 Email: smi nter@nclri ghts.org
22

Case 2:14-cv-00200-SWS Document 1 Filed 10/07/14 Page 23 of 23 Attorneysfor Plaintiffs
*Admission. Pro Hac Vice Pending
23

 
 Case 2:14-cv-00200-SWS Document 65 Filed 01/29/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING
ANNE MARIE GUZZO and BONNIE ROBINSON; IVAN WILLIAMS and CHARLES KILLION; BRIE BARTH and SHELLY MONTGOMERY; CARL OLESON and ROB JOHNSTON; and WYOMING EQUALITY;

Fl-"D
U.S. OfSTfL;v rcUlT DiSTTlCT OF ':r'VmQ.
^^015 .JRM ?9 PFi 12 94
SmPiiAfl CASPER

Plaintiffs,
vs.
MATTHEW H. MEAD, in his official capacity as the Governor of Wyoming; DEAN FAUSSET, in his official capacity as Director of the Wyoming Department of Administration and Information; DAVE URQUIDEZ, in his official capacity as Administrator of the State of Wyoming
Human Resources Division; and DEBRA K. LATHROP, in her official capacity as Laramie County Clerk;

Case No. 14-CV-200-SWS

Defendants.

ORDER GRANTING JUDGMENT ON THE PLEADINGS and
PERMANENT INJUNCTION

This matter comes before the Court upon the State Defendants' Motion for and Brief in Support of Judgment on the Pleadings, filed on November 10, 2014. (Doc. 54.) Plaintiffs filed a response thereto on November 17, 2014. (Doc. 55.) Plaintiffs also filed their own Motion for Judgment on the Pleadings on November 2014, to which Defendant Debra Lathrop agreed. (Doc. 54.) State Defendants filed a response to the Plaintiffs' motion on December 8, 2014 (Doc. 60), and Plaintiffs filed a reply on December 12, 2014 (Doc. 61).

Case 2:14-cv-00200-SWS Document 65 Filed 01/29/15 Page 2 of 3

Case 2:14-cv-00200-SWS Document 65 Filed 01/29/15 Page 3 of 3

 
 Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 1 of 15
U.S. District Court District of Wyoming (Cheyenne) CIVIL DOCKET FOR CASE #: 2:14−cv−00200−SWS

Guzzo et al v. Wyoming Governor et al Assigned to: Honorable Scott W Skavdahl Referred to: Honorable Kelly H Rankin Cause: 42:1983 Civil Rights Act
Plaintiff
Anne Marie Guzzo

Date Filed: 10/07/2014 Jury Demand: None Nature of Suit: 950 Constitutional − State Statute Jurisdiction: Federal Question
represented by Arash Jahanian RATHOD MOHAMEDBHAI 1518 Blake Street Denver, CO 80202 303/578−4400 Fax: 303/5784401 Email: aj@rmlawyers.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Christopher F Stoll NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street Suite 370 San Francisco, CA 94102 415/392−8442 Email: cstoll@nclrights.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lincoln James Lyman ARNOLD &PORTER 370 Seventeenth Street Suite 4400 Denver, CO 80202 303/863−2381 Fax: 303/832−0428 Email: james.lyman@aporter.com TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Qusair Mohamedbhai RATHOD MOHAMEDBHAI 1518 Blake Street Denver, CO 80202 303/578−4400 Fax: 909/578−4401 Email: qm@rmlawyers.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Shannon P Minter NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street Suite 370

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 2 of 15

San Francisco, CA 94102 415/392−8442 Email: sminter@nclrights.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever ARNOLD &PORTER 370 17th Street, Suite 4500 Denver, CO 80202−1370 303/863−2328 Fax: 303/832−0428 Email: Thomas.Stoever@aporter.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Tracy L Zubrod ZUBROD LAW OFFICE P O Box 81 Cheyenne, WY 28003−0081 307/778−2557 Email: zubrod@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Bonnie Robinson

represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lincoln James Lyman (See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 3 of 15

Plaintiff Ivan Williams
Plaintiff Charles Killion

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lincoln James Lyman (See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lincoln James Lyman (See above for address)

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 4 of 15

TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Brie Barth

represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lincoln James Lyman (See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 5 of 15

ATTORNEY TO BE NOTICED

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Shelly Montgomery

represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lincoln James Lyman (See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Carl Oleson

represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lincoln James Lyman

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 6 of 15

(See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Rob Johnston

represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lincoln James Lyman (See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 7 of 15

PRO HAC VICE ATTORNEY TO BE NOTICED

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Wyoming Equality

represented by Arash Jahanian (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher F Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Lincoln James Lyman (See above for address) TERMINATED: 12/08/2014 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Qusair Mohamedbhai (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shannon P Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas W Stoever (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Tracy L Zubrod (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Wyoming Governor in his official capacity also known as Matthew H Mead

represented by James C Kaste Wyoming Attorney General's Office 123 State Capitol Cheyenne, WY 82002 307/777−6946 Fax: 307/777−3542 Email: james.kaste@wyo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 8 of 15

Defendant
Wyoming Department of Administration and Information Director in his official capacity also known as Dean Fausset

Jared Scott Crecelius WYOMING ATTORNEY GENERAL'S OFFICE 123 Capitol Building Cheyenne, WY 82002 307/777−7876 Fax: 307/777−7837 Email: jared.crecelius@wyo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martin L Hardsocg WYOMING ATTORNEY GENERAL 123 Capitol Building Cheyenne, WY 82002 307/777−7841 Email: marty.hardsocg@wyo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael M Robinson WYOMING ATTORNEY GENERAL'S OFFICE 123 Capitol Building Cheyenne, WY 82002 970/777−7970 Fax: 970/777−7837 Email: mike.robinson@wyo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter K Michael WYOMING ATTORNEY GENERAL'S OFFICE Water &Natural Resources Division 123 Capitol Building Cheyenne, WY 82002 307/777−6196 Fax: 307/777−3542 Email: peter.michael@wyo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ryan T Schelhaas WYOMING ATTORNEY GENERAL'S OFFICE 123 Capitol Building Cheyenne, WY 82002 307/777−5786 Fax: 307/777−3687 Email: rschel@state.wy.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James C Kaste (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jared Scott Crecelius (See above for address) LEAD ATTORNEY

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 9 of 15

ATTORNEY TO BE NOTICED

Martin L Hardsocg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael M Robinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter K Michael (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan T Schelhaas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wyoming Human Resources Division Administrator in his official capacity also known as Dave Urquidez

represented by James C Kaste (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jared Scott Crecelius (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin L Hardsocg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael M Robinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter K Michael (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan T Schelhaas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Laramie County Clerk in her official capacity also known as Debra K Lathrop

represented by Bernard P Haggerty Laramie County Attorney's Office 310 West 19th Street, Suite 320 Cheyenne, WY 82001 307/633−4370 Fax: 307/633−4329 Email: bernardh@laramiecounty.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 10 of 15
Mark Towne Voss LARAMIE COUNTY ATTORNEY'S OFFICE 310 West 19th Street, Suite 320 P O Box 608 Cheyenne, WY 82003−0608 307/633−4370 Email: mvoss@laramiecounty.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/07/2014
10/07/2014 10/08/2014 10/08/2014 10/08/2014 10/08/2014 10/08/2014
10/08/2014
10/09/2014
10/09/2014

# Docket Text
1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (four summonses issued) ( Filing fee $400 receipt #CHY020391.) filed by Shelly Montgomery, Bonnie Robinson, Charles Killion, Brie Barth, Wyoming Equality, Rob Johnston, Anne Marie Guzzo, Carl Oleson, Ivan Williams. (Attachments: # 1 Civil Cover Sheet) (Court Staff, sjlg) Text Modified on 10/7/2014 (Court Staff, sjlg). (Entered: 10/07/2014)
2 Praecipe for Summons filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality, four (4) issued. (Court Staff, sjlg) (Entered: 10/07/2014)
3 SUMMONS Returned Executed by Anne Marie Guzzo. Wyoming Governor served on 10/7/2014, answer due on 10/28/2014 (Zubrod, Tracy) (Entered: 10/08/2014)
4 SUMMONS Returned Executed by Anne Marie Guzzo. Wyoming Department of Administration and Information Director served on 10/7/2014, answer due on 10/28/2014 (Zubrod, Tracy) (Entered: 10/08/2014)
5 SUMMONS Returned Executed by Anne Marie Guzzo. Wyoming Human Resources Division Administrator served on 10/7/2014, answer due on 10/28/2014 (Zubrod, Tracy) (Entered: 10/08/2014)
6 SUMMONS Returned Executed by Anne Marie Guzzo. Laramie County Clerk served on 10/7/2014, answer due on 10/28/2014 (Zubrod, Tracy) (Entered: 10/08/2014)
7 MOTION for Preliminary Injunction and Brief in Support of Preliminary Injunction and Temporary Restraining Order filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Zubrod, Tracy) (Entered: 10/08/2014)
8 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for L. James Lyman to appear pro hac vice; Check tendered; filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit A − Affidavit)(Zubrod, Tracy) (Entered: 10/08/2014)
9 ORDER Granting 8 Motion to appear pro hac vice admitting L. James Lyman for Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams and Wyoming Equality by the Honorable Kelly H. Rankin.(Court Staff, szf) (Entered: 10/09/2014)
10 NOTICE of Hearing on 7 MOTION for Preliminary Injunction and Temporary Restraining Order. Motion Hearing set for 10/16/2014 10:00 AM in Casper Courtroom No. 2 (Room No. 204) before Honorable Scott W Skavdahl. (Court Staff, stbd) (Entered: 10/09/2014)

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 11 of 15

10/09/2014 10/09/2014
10/10/2014
10/10/2014 10/10/2014 10/10/2014 10/13/2014 10/13/2014 10/13/2014 10/13/2014 10/13/2014 10/13/2014 10/13/2014 10/13/2014

11 (TEXT−ONLY) ORDER by the Honorable Scott W Skavdahl; Defendants' to file responses to Plaintiffs' 7 Motion for Preliminary Injunction and Temporary Restraining Order by close of business, Monday, October 13, 2014.(cc: Wyoming Attorney General via email)(Court Staff, stbd) (Entered: 10/09/2014)
12 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Thomas W. Stoever, Jr. to appear pro hac vice; Check tendered; filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit A − Affidavit)(Zubrod, Tracy) (Entered: 10/09/2014)
13 ORDER by the Honorable Kelly H Rankin granting 12 Motion to appear pro hac vice admitting Thomas W Stoever for Brie Barth,Thomas W Stoever for Anne Marie Guzzo,Thomas W Stoever for Rob Johnston,Thomas W Stoever for Charles Killion,Thomas W Stoever for Shelly Montgomery,Thomas W Stoever for Carl Oleson,Thomas W Stoever for Bonnie Robinson,Thomas W Stoever for Ivan Williams,Thomas W Stoever for Wyoming Equality (Court Staff, szf) (Entered: 10/10/2014)
14 NOTICE of Attorney Appearance by Mark Towne Voss on behalf of Laramie County Clerk (Court Staff, sth) (Entered: 10/10/2014)
15 NOTICE of Attorney Appearance by Bernard P Haggerty on behalf of Laramie County Clerk (Court Staff, sth) (Entered: 10/10/2014)
16 RESPONSE to 7 Motion for Preliminary Injunction, filed by Defendant Laramie County Clerk. (Attachments: # 1 Exhibit) (Court Staff, sth) (Entered: 10/10/2014)
17 NOTICE of Attorney Appearance by James C Kaste on behalf of Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator (Kaste, James) (Entered: 10/13/2014)
18 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Quash Subpoena filed by James C. Kaste filed by Defendant Wyoming Governor. (Attachments: # 1 Exhibit A, # 2 Affidavit of Governor Mead, # 3 Proposed Order)(Kaste, James) (Entered: 10/13/2014)
19 NOTICE of Attorney Appearance by Michael M Robinson on behalf of Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator (Robinson, Michael) (Entered: 10/13/2014)
20 NOTICE of Attorney Appearance by Jared Scott Crecelius on behalf of Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator (Crecelius, Jared) (Entered: 10/13/2014)
21 NOTICE of Attorney Appearance by Martin L Hardsocg on behalf of Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator (Hardsocg, Martin) (Entered: 10/13/2014)
22 REPLY to 7 Motion for Preliminary Injunction, and Temporary Restraining Order filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Lyman, Lincoln) (Entered: 10/13/2014)
23 NOTICE of Attorney Appearance by Peter K Michael on behalf of Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator (Michael, Peter) (Entered: 10/13/2014)
24 STIPULATION OF FACTS filed by Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Lyman, Lincoln) (Entered: 10/13/2014)

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 12 of 15

10/13/2014 10/13/2014
10/14/2014 10/14/2014 10/14/2014 10/14/2014 10/14/2014 10/14/2014 10/14/2014 10/15/2014 10/15/2014 10/15/2014 10/15/2014 10/15/2014

25 ORDER by the Honorable Scott W Skavdahl granting 18 Motion to Quash (Skavdahl, Scott) (Entered: 10/13/2014)
26 RESPONSE in Opposition re 7 Motion for Preliminary Injunction, filed by Defendants Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator. (Attachments: # 1 Exhibit A, # 2 Affidavit Benjamin Brandes) (Crecelius, Jared) (Entered: 10/13/2014)
27 AMENDED RESPONSE to 7 Plaintiffs' Motion and Brief in support of Preliminary Injunction and Temporary Restraining Order filed by Defendant Laramie County Clerk. (Court Staff, sal) (Entered: 10/14/2014)
28 NOTICE of Attorney Appearance by Ryan T Schelhaas on behalf of Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator (Schelhaas, Ryan) (Entered: 10/14/2014)
29 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Arash Jahanian to appear pro hac vice; Check not tendered; filed by Plaintiff Anne Marie Guzzo. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Zubrod, Tracy) (Entered: 10/14/2014)
30 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Qusair Mohamedbhai to appear pro hac vice; Check not tendered; filed by Plaintiff Anne Marie Guzzo. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Zubrod, Tracy) (Entered: 10/14/2014)
31 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Christopher F. Stoll to appear pro hac vice; Check not tendered; filed by Plaintiff Anne Marie Guzzo. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Zubrod, Tracy) (Entered: 10/14/2014)
32 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Shannon P. Minter to appear pro hac vice; Check not tendered; filed by Plaintiff Anne Marie Guzzo. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Zubrod, Tracy) (Entered: 10/14/2014)
33 ORDER STRIKING DEFENDANT DEBRA K. LATHROP'S AMENDED RESPONSE re 27 Response to Motion filed by Laramie County Clerk by the Honorable Scott W Skavdahl.(Court Staff, stbd) (Entered: 10/14/2014)
34 ORDER by the Honorable Kelly H Rankin granting 29 Motion to appear pro hac vice admitting Arash Jahanian for Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams and Wyoming Equality (Court Staff, szf) (Entered: 10/15/2014)
35 ORDER by the Honorable Kelly H Rankin granting 30 Motion to appear pro hac vice admitting Qusair Mohamedbhai for Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams and Wyoming Equality (Court Staff, szf) (Entered: 10/15/2014)
36 ORDER by the Honorable Kelly H Rankin granting 31 Motion to appear pro hac vice admitting Christopher F Stoll for Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams and Wyoming Equality (Court Staff, szf) (Entered: 10/15/2014)
37 ORDER by the Honorable Kelly H Rankin granting 32 Motion to appear pro hac vice admitting Shannon P Minter for Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams and Wyoming Equality (Court Staff, szf) (Entered: 10/15/2014)
38 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Leave to File Reply/Brief/Supplement (Non−Dispositive) in Support of Their Motion for Preliminary Injunction and Temporary Restraining Order in Response to the State Defendants' Opposition, filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Reply, # 2 Exhibit 1, # 3

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 13 of 15

10/15/2014 10/15/2014 10/15/2014
10/16/2014 10/16/2014
10/17/2014 10/17/2014 10/21/2014 10/21/2014
10/24/2014 10/27/2014 10/28/2014

Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Lyman, Lincoln) (Entered: 10/15/2014)
39 NOTICE of Attorney Appearance by Lincoln James Lyman on behalf of Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality (Lyman, Lincoln) (Entered: 10/15/2014)
40 ORDER by the Honorable Kelly H Rankin granting 38 Motion to File Reply/Brief/Supplement. Plaintiffs must file Reply forthwith. (Court Staff, sjg) (Entered: 10/15/2014)
41 REPLY BRIEF re 7 Motion for Preliminary Injunction, and Temporary Restraining Order In Response to the State Defendants' Opposition filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Lyman, Lincoln) (Entered: 10/15/2014)
42 NOTICE of Attorney Appearance by Thomas W Stoever on behalf of Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality (Stoever, Thomas) (Entered: 10/16/2014)
43 MINUTES for proceedings held before Honorable Scott W Skavdahl: Motion Hearing held on 10/16/2014 as to Plaintiff's 7 Motion for Preliminary Injunction and Temporary Restraining Order; Plaintiff's Exhibit 1 marked and admitted; Affidavits already on file (Doc. 7 Exhibits 2−8 ) marked and admitted; Testimony of Debra K. Lathrop, Laramie County Clerk, Cheyenne, WY heard; closing argument heard by Thomas Stoever for the Plaintiff and Jared Crecelius for the Defendant; a ruling will be issued Monday, October 20, 2014 (Court Reporter Anne Bowline.) (Court Staff, stbd) (Additional attachment(s) added on 10/16/2014: # 1 Plaintiff's Exhibit 1) (Court Staff, stbd). (Entered: 10/16/2014)
44 ORDER by the Honorable Scott W Skavdahl granting 7 Motion for Preliminary Injunction and Temporary Stay. (Court Staff, sjc) (Entered: 10/17/2014)
45 NOTICE by Defendant Laramie County Clerk (Court Staff, sjlg) (Entered: 10/17/2014)
46 NOTICE by Defendants Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator re 44 Order on Motion for Preliminary Injunction (Crecelius, Jared) (Entered: 10/21/2014)
47 ORDER LIFTING TEMPORARY STAY by the Honorable Scott W Skavdahl. IT IS ORDERED that the temporary stay is hereby lifted and the preliminary injunction granted on October 17, 2014 (Doc. 44) is given immediate force and effect. Defendants are immediately enjoined from enforcing or applying Wyoming Statute § 20−1−101, or any other state law, policy, or practice, as a basis to deny marriage to same−sex couples or to deny recognition of otherwise valid same−sex marriages entered into elsewhere, and marriage licenses may not be denied on the basis that the applicants are a same−sex couple. See Order for further detail.(Court Staff, stbd) (Entered: 10/21/2014)
48 ANSWER to 1 Complaint with Affirmative Defenses by Laramie County Clerk. (Court Staff, sal) (Entered: 10/24/2014)
49 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non−Dispositive) filed by Defendants Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator. (Attachments: # 1 Proposed Order)(Schelhaas, Ryan) (Entered: 10/27/2014)
50 ORDER by the Honorable Kelly H Rankin granting 49 Motion for Extension of Time. State Defendants have up to and including 10/31/14 to file their Answer.(Court Staff, sjg) (Entered: 10/28/2014)

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 14 of 15

10/30/2014 10/31/2014 11/07/2014 11/10/2014 11/17/2014 11/24/2014 11/25/2014
12/05/2014 12/08/2014 12/08/2014 12/12/2014 01/13/2015 01/14/2015

51 MOTION REFERRED TO Judge Kelly H Rankin. Second MOTION for Extension of Time (Non−Dispositive) filed by Defendants Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator. (Attachments: # 1 Proposed Order)(Schelhaas, Ryan) (Entered: 10/30/2014)
52 ORDER by the Honorable Kelly H Rankin granting 51 Motion for Extension of Time. State Defendants have up to and including 11/7/14 to file their answer. (Court Staff, sjg) (Entered: 10/31/2014)
53 ANSWER to 1 Complaint, by Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator. (Schelhaas, Ryan) (Entered: 11/07/2014)
54 MOTION for Judgment on the Pleadings filed by Defendants Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator. (Attachments: # 1 Proposed Order)(Schelhaas, Ryan) (Entered: 11/10/2014)
55 RESPONSE to 54 Motion for Judgment, filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Lyman, Lincoln) (Entered: 11/17/2014)
56 MOTION for Judgment On The Pleadings filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit A − Joint Stipulation)(Stoever, Thomas) (Entered: 11/24/2014)
57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on 10−16−2014 before Judge Scott W. Skavdahl. To purchase a copy of this transcript, please contact Court Reporter Anne Bowline, phone (307) 235−3376 or email anne@professionalreporting.com. A party must file a Notice of Intent to Request Redaction within 7 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction.. Notice of Intent to Redact due 12/2/2014. Notice of Redaction Request due 12/16/2014. Redacted Transcript Deadline set for 12/26/2014. Release of Transcript Restriction set for 2/23/2015. (Bowline, Anne) (Entered: 11/25/2014)
58 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Withdraw as Attorney filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Proposed Order)(Lyman, Lincoln) (Entered: 12/05/2014)
59 ORDER by the Honorable Kelly H Rankin granting 58 Motion to Withdraw as Attorney. Attorney Lincoln James Lyman terminated (Court Staff, sjg) (Entered: 12/08/2014)
60 RESPONSE to 56 Motion for Judgment, filed by Defendants Wyoming Department of Administration and Information Director, Wyoming Governor, Wyoming Human Resources Division Administrator. (Schelhaas, Ryan) (Entered: 12/08/2014)
61 REPLY to 56 Motion for Judgment, filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stoever, Thomas) (Entered: 12/12/2014)
62 NOTICE of Change of Address by Arash Jahanian, attorney on behalf of Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality (Jahanian, Arash) (Entered: 01/13/2015)
63 MOTION for Hearing on Parties Motions for Judgment on Pleadings filed by Plaintiffs Brie Barth, Anne Marie Guzzo, Rob Johnston, Charles Killion, Shelly Montgomery, Carl Oleson, Bonnie Robinson, Ivan Williams, Wyoming Equality. (Stoever, Thomas) (Entered: 01/14/2015)

Case: 2:14-cv-200 As of: 02/07/2015 02:41 PM MST 15 of 15

01/15/2015 01/29/2015

64 ORDER DENYING REQUEST FOR HEARING by the Honorable Scott W Skavdahl re 63 Motion for Hearing − Dispositive. (Court Staff, stbd) (Entered: 01/15/2015)
65 ORDER GRANTING JUDGMENT ON THE PLEADINGS and PERMANENT INJUNCTION by the Honorable Scott W Skavdahl re 54 Motion for Judgment (Court Staff, stbd) (Entered: 01/29/2015)