3 consistently maintained throughout this case that West Virginia state courts have proper jurisdiction over this matter, and that abstention by this Court is proper.
B. Plaintiffs Failed To Join Necessary Parties.
Contrary to Plaintiffs’ assertion, Defendant Clerks do not attempt to “hide” behind the State Registrar’s supervisory power. Instead, Defendant Clerks argued in their Memorandum in Support of Motion for Summary Judgment that Plaintiffs failed to join parties – specifically the State Registrar and/or the Secretary of State – necessary to afford Plaintiffs complete relief. The cases cited by Plaintiffs in their Combined Reply in Support of Plaintiffs’ Motion for Summary Judgment and Opposition to Defendants’ Cross-Motions for Summary Judgment support Defendant Clerks’ position that joinder of a state-level official is necessary. For example, in
Bostic v. Rainey
, 2014 WL 561978 (E.D.Va. 2014), the plaintiffs joined the Virginia State Registrar of Vital Records as a defendant. In
Perry v. Schwarzenegger
, 704 F. Supp.2d 921 (N.D.Cal. 2010), the plaintiffs named the Governor of California, the California Attorney General, and the State Registrar of Vital Statistics as defendants in addition to the County Clerk for the County of Los Angeles. As Plaintiffs correctly stated,
Lee v. Orr
, Civil Action No. 1:13-cv-08719, named only a county clerk as a defendant. However, in
, all of the named Plaintiffs (and presumably all members of the Plaintiff Class, who the Complaint described as “similarly situated”) were residents of Cook County, Illinois. The plaintiffs in
filed suit against the County Clerk of Cook County, seeking to expedite the effective date of a law already passed by the Illinois legislature permitting same-sex couples to marry. Plaintiffs were not asking the district court in
to overturn existing, unaltered Illinois law, but merely asked the court to declare unconstitutional Illinois’ prior prohibition on same-sex marriage to allow terminally ill Cook
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