630 F.3d 563, 567 (7th Cir. 2010). Indeed, under Rule 65(d) “officers, employees, and other agents of an enjoined party must obey the injunction—even though they are not named parties— when they act in their official capacities.”
Nat’l Spiritual Assembly of Baha’is of U.S. Under Hereditary Guardianship, Inc. v. Nat’l Spiritual Assembly of Baha’is of U.S., Inc.
, 628 F.3d 837,847-48 (7th Cir. 2010). As a result, the injunction would have the same scope of applicationregardless of the presence of the language State Defendants object to.State Defendants do not otherwise contest the specificity of Paragraphs 1 through 5 of theinjunction, concerning Defendants Christensen, Czarnezki, McDonell (¶¶ 1-2), and Anderson(¶¶ 3-5). These paragraphs enjoin the Defendants from enforcing Article XIII, § 13 and “anyWisconsin statutory provision limiting marriage to different-sex couples, including those in Wis.Stat. ch. 765, so as to deny same-sex couples the same rights to marry that are provided todifferent-sex couples,” language that tracks the Court’s opinion and order. ¶¶ 1 (Christensen,Czarnezki, and McDonell); 3 (Anderson). Paragraph 2 requires Christensen, Czarnezki, andMcDonell to issue marriage licenses to same-sex couples that, but for their sex, satisfy all therequirements to marry under Wisconsin law. Paragraphs 4 and 5 require that DefendantAnderson accept for registration original marriage and divorce documents for same sex couplesunder Wis. Stat. § 69.03(5), and prescribe, furnish, and distribute under Wis. Stat. § 69.03(8),forms required for marriages under Wis. Stat. ch. 69 and Wis. Stat. § 765.20 that permit couplesof the same sex to marry on the same terms as couples of different sexes.
None of theserequirements are vague or otherwise lacking in detail.
Plaintiffs are submitting simultaneously with this reply brief a revised proposed permanent injunction (attached hereto as Exhibit A) that directs Defendant Anderson to acceptand file birth certificates for children whose same-sex parents, like Plaintiffs Willes and Young,were lawfully married at the time of the child’s birth, so that both parents are listed on the birthcertificate, and to promulgate forms that permit same sex parents be so reflected on the forms,
Case: 3:14-cv-00064-bbc Document #: 132 Filed: 06/12/14 Page 3 of 13