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2:13-cv-05090 #80

2:13-cv-05090 #80

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Published by Equality Case Files
Doc 80 - Defendants' Answer to Fist Amended Complaint
Doc 80 - Defendants' Answer to Fist Amended Complaint

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Published by: Equality Case Files on May 25, 2014
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05/25/2014

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U
NITED
S
TATES
D
ISTRICT
C
OURT
 E
 ASTERN
D
ISTRICT OF
L
OUISIANA 
 
J
ONATHAN
P.
 
R
OBICHEAUX
,
 
et al.
,
 Plaintiffs
 v. J
 AMES
D.
 
C
 ALDWELL
,
et al.
,
 Defendants
 C
IVIL
 A 
CTION
 N
O
.
 
13-5090 S
ECTION
F(5) J
UDGE
M
 ARTIN
L.C.
 
F
ELDMAN
 M
 AGISTRATE
M
ICHAEL
N
ORTH
 REF:
 
N
O
.
 
14-97
 
DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF IN NO. 13-5090
TO THE HONORABLE MARTIN L.C. FELDMAN: Defendants Devin George, Louisiana State Registrar, Tim Barfield, Secretary of the Louisiana Department of Revenue, and Kathy Kliebert, Secretary of the Louisiana Department of Health and Hospitals, in their official capacities only, make this Answer to Plaintiffs’ First Amended Complaint for Declaratory and Injunctive Relief herein (Doc. 63).
 ANSWER
 Pursuant to Federal Rule of Civil Procedure 8(b), Defendants George, Barfield and Kliebert in their official capacities deny each and every allegation contained in Plaintiffs’ First Amended Complaint except for those expressly admitted herein. Regarding the six non-numbered introductory paragraphs of the First Amended Complaint listing each Plaintiff by name, Defendants lack knowledge or information sufficient to form a belief about the truth of the allegations regarding
Case 2:13-cv-05090-MLCF-ALC Document 80 Filed 04/14/14 Page 1 of 13
 
 
2 the residence or marital status of any of the Plaintiffs.
 T
HE
P
 ARTIES
 
1.
 
Defendants admit that they are sued in their respective official capacities only. To the extent any further response is required, Defendants deny all allegations in this paragraph. 2.
 
Defendants lack knowledge or information sufficient to form a belief about the truth of the allegations regarding the residence, marital status and/or alleged backgrounds of any of the Plaintiffs. 3.
 
Defendants lack knowledge or information sufficient to form a belief about the truth of the allegations regarding the residence, marital status and/or alleged backgrounds of any of the Plaintiffs. 4.
 
Defendants lack knowledge or information sufficient to form a belief about the truth of the allegations regarding the residence, marital status and/or alleged backgrounds of any of the Plaintiffs.
J
URISDICTION AND
 V 
ENUE
 
5.
 
 Admit. 6.
 
Defendants lack knowledge or information sufficient to form a belief concerning the truth of the allegations concerning where the events giving rise to Plaintiffs’ claims occurred, and whether and how those events occurred. Defendants admit that they perform their official duties in this judicial district as well as statewide.
Case 2:13-cv-05090-MLCF-ALC Document 80 Filed 04/14/14 Page 2 of 13
 
 
3
F
 ACTUAL
B
 ACKGROUND
 
7.
 
Defendants admit that Louisiana law: defines marriage only as the union of one man and one woman; prohibits Louisiana courts and public officials from construing any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman; denies the validity of, and recognition to, a legal status identical or substantially similar to that of marriage for unmarried individuals; and prohibits Louisiana courts and public officials from recognizing any marriage contracted in any other jurisdiction which is not the union of one man and one woman. L
 A 
.
 
C
ONST
. art. XII, § 15; L
 A 
.
 
C
IVIL
C
ODE
 art. 3520(B). Defendants deny the balance of the allegations in this paragraph. 8.
 
 Admit. 9.
 
 Admit. 10.
 
Defendants deny that the principles articulated in the quoted Supreme Court decisions constitutionally or in any way require Louisiana to adopt same-sex marriage in Louisiana or to recognize same-sex marriages contracted in other  jurisdictions. Defendants deny the balance of the allegations in this paragraph. 11.
 
Deny. 12.
 
Defendants lack knowledge or information sufficient to form a belief about the truth of the allegations. Additionally, in an abundance of caution, Defendants incorporate their statement regarding Louisiana law from paragraph 7.
Case 2:13-cv-05090-MLCF-ALC Document 80 Filed 04/14/14 Page 3 of 13

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