Page 2 of 15official capacity as State Registrar of Vital Records (hereinafter “Registrar Rainey”). (NEF Doc.18.) The Amended Complaint seeks the same relief but included additional facts related to thenew Plaintiffs and Defendants. The parties agreed to submit this case to the Court on crossmotions for summary judgment pursuant to a set schedule. (NEF Doc. 17.)
Statement of Uncontested Facts
For the purposes of this Motion for Summary Judgment
, Clerk Schaefer contends thereis no genuine issue regarding the following undisputed facts:
Bostic and London are two gay men residing in the City of Norfolk, Virginia.(NEF Doc. 18 ¶¶ 11-12 and 258.)2.
Schall and Townley are two lesbian women residing in Chesterfield County,Virginia. (NEF Doc. 18 ¶¶13-14 and 29.)3.
Clerk Schaefer is the Clerk of Court for the Norfolk Circuit Court. (NEF Doc. 18 ¶ 15.)4.
Bostic and London attempted to apply for a marriage license at the Norfolk Circuit Clerk’s office, but they could not apply for and receive a marriage license because they are the same sex. (NEF Doc. 18 ¶ 26.)5.
Bostic and London had no direct interaction with Clerk Schaefer and did notsubmit an actual application for marriage. Rather, on July 1, 2013 when theyattempted to obtain a marriage license, they only dealt directly with staff or other persons working in the Norfolk Circuit Court Clerk’s office. (NEF Doc. 18 ¶ 26; NEF Doc. 23 ¶ 26.)
In the event this case continues beyond the summary judgment stage, Clerk Schaefer reserves the right to contestany facts not specifically admitted in his Answer to the Amended Complaint.
Case 2:13-cv-00395-AWA-LRL Document 41 Filed 09/30/13 Page 2 of 15 PageID# 346