Plaintiff/Petitioner

UNITED STATES DISTRICT COURT
for the

Eastern District of Louisiana
Jonathan P. Robicheaux
Plaintiff/Petitioner
v. Civil Action No. 13-CV-05090

James D. Caldwell in his official capacity as the Louisiana Attorney General
Defendant/Respondent

District Judge: Martin Leach-Cross Feldman

Magistrate Judge: Michael North

REF: 14-cv-0097

ROBERT WELLES AND GARTH BEAUREGARDS MOTION FOR SUMMARY
JUDGMENT ON EQUAL PROTECTION AND DUE PROCESS CLAIM FOR RIGHT TO
SECURE MARRIAGE LICENSE TO MARRY WITHIN THE STATE OF LOUISIANA
(Oral Argument Requested)

Pursuant to Federal Rule of Civil Procedure 56 and this Courts Local Rule 56, Plaintiffs
Robert Welles and Garth Beauregard respectfully move this Court for entry of an Order granting
summary judgment in their favor. Specifically, Plaintiffs move for summary judgment on their
claim that La. Const. Article XII, Section 15 and La. Civ. Code art. 3520 violates their rights under
the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the United States
Constitution.
In support of this Motion, Plaintiffs are filing a Supplemental Memorandum along with
their co-plaintiffs and Statement of Material Facts, along with two Declarations in the form of
Affidavits, and a Proposed Order. Plaintiffs request oral argument on this Motion.
For the reasons provided in the supporting Memorandum, Plaintiffs contend that there is
no genuine disputed issue as to any material fact and that they are entitled to judgment as a matter
Case 2:13-cv-05090-MLCF-ALC Document 117 Filed 07/16/14 Page 1 of 2
2

of law on their claim. Consequently, Plaintiffs respectfully pray that this Court grant summary
judgment in their favor, declare that La. Const. Article XII, Section 15 and La. Civ. Code art. 3520
unconstitutional as applied to them, and enjoin the Defendant from enforcing the statute against
them.
Respectfully submitted:

//s// Scott J. Spivey___________
Scott J. Spivey (LSBA # 25257)
LANDRY & SPIVEY
320 N. Carrollton Ave, Suite 101
New Orleans, LA 70119
Attorney for Robert Welles and Garth Beauregard

CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July, 2014, the foregoing ROBERT WELLES AND
GARTH BEAUREGARDS MOTION FOR SUMMARY JUDGMENT ON EQUAL
PROTECTION AND DUE PROCESS CLAIM FOR RIGHT TO SECURE MARRIAGE
LICENSE TO MARRY WITHIN THE STATE OF LOUISIANA (Oral Argument Requested) has
been served upon all counsel of record by the Court's CM/ECF system.

/s/ Scott J. Spivey

Case 2:13-cv-05090-MLCF-ALC Document 117 Filed 07/16/14 Page 2 of 2

for the





REF: 14-cv-0097

MEMORANDUM IN SUPPORT OF ROBERT WELLES AND GARTH BEAUREGARDS
MOTION FOR SUMMARY JUDGMENT ON EQUAL PROTECTION AND DUE
PROCESS CLAIM FOR RIGHT TO SECURE MARRIAGE LICENSE
TO MARRY WITHIN THE STATE OF LOUISIANA (Oral Argument Requested)

MAY IT PLEASE THE COURT.
This matter comes on for cause on Robert Welles and Gath Beauregards Motion for
Summary Judgment on Equal Protection and Due Process Claim for Right to Secure Marriage
License to Marry within the State of Louisiana. Messrs. Welles and Beauregard respectfully refer
the Court to the Joint Supplemental Memorandum being filed by the plaintiffs in globo, which will
be filed after this submission.
LANDRY & SPIVEY

Case 2:13-cv-05090-MLCF-ALC Document 117-1 Filed 07/16/14 Page 1 of 2
2

I hereby certify that on this 16th day of July, 2014, the foregoing MEMORANDUM IN SUPPORT
OF ROBERT WELLES AND GARTH BEAUREGARDS MOTION FOR SUMMARY
JUDGMENT ON EQUAL PROTECTION AND DUE PROCESS CLAIM FOR RIGHT TO
SECURE MARRIAGE LICENSE TO MARRY WITHIN THE STATE OF LOUISIANA (Oral
Argument Requested) has been served upon all counsel of record by the Court's CM/ECF system.

/s/ Scott J. Spivey


for the





REF: 14-cv-0097

STATEMENT OF MATERIAL FACTS

1. Movants Robert Welles and Garth Beauregard reside in Orleans Parish, Louisiana.
2. Rob and Garth have been in a loving and committed relationship for twenty-four years.
(Welles Aff. 4; Beauregard Aff. 10.)
3. They wish to marry each other in Louisiana. (Welles Aff. 6; Beauregard Aff. 12.)
4. On January 22, 2014, they went to the Louisiana Department of Vital Record Marriage
License Office for Orleans Parish and were refused a license to marry. (Welles Aff. 5;
Beauregard Aff. 11.)
5. Louisiana law currently excludes lesbian and gay couples from securing a marriage
license and marrying in Louisiana.
6. The marriage ban deprives adult Plaintiffs and other same-sex couples and their children
of numerous protections, benefits, rights, and responsibilities available under state and
federal law. Such protections, benefits, rights, and responsibilities include, but are not
limited to, the right to make health care decisions for an incapacitated spouse; the
2

protection of the marital privilege; the duty of support and rights regarding child custody
and parenting time with respect to children of the marriage; statutory protections granted
to spouses upon death, including rights to inheritance when spouse dies without a will;
the right to claim an elective share of the estate of a deceased spouse who died with a
will; various survivor benefits for the spouse of a public safety officer or state police
officer killed in the line of duty; various state retirement fund survivor benefits for
spouses; the legal protections granted to spouses and their children through mandatory
waiting periods prior to marriage dissolution, and by the requirements of fair division
of marital property whether owned or acquired by one or both parties to the marriage;
preference given to spouses in being appointed legal guardian for an incapacitated
spouse; protection of the criminal code that makes it a crime to fail to support a needy
spouse; and the right to file joint state income tax returns. The unmarried Plaintiffs are
also harmed by the denial of numerous tangible benefits and protections under state law,
and more than 1,000 federal benefits to married same-sex couples that were made
available to married same-sex couples in the wake of the June 2013 Windsor decision.
See Windsor v. United States, 133 S. Ct. 2675, 2683 (2013).
LANDRY & SPIVEY

I hereby certify that on this 16th day of July, 2014, the foregoing STATEMENT OF MATERIAL
FACTS has been served upon all counsel of record by the Court's CM/ECF system.



for the





REF: 14-cv-0097

ORDER ON ROBERT WELLES AND GARTH BEAUREGARDS
MOTION FOR SUMMARY JUDGMENT ON EQUAL PROTECTION AND DUE
PROCESS CLAIM FOR RIGHT TO SECURE MARRIAGE LICENSE TO
MARRY WITHIN THE STATE OF LOUISIANA

After considering Robert Welles And Garth Beauregards Motion For Summary Judgment
on Equal Protection and Due Process Claim for Right to Secure Marriage License to Marry within
the State of Louisiana, all pleadings in the record and argument of counsel, finding that the State of
Louisiana has failed to offer evidence to support justification for the laws at issue and finding that
the movants have shown that there are no genuine of material facts and that they are entitled to
judgment as a matter of law,
IT IS ORDERED, ADJUDGED AND DECREED that La. Const. Article XII, Section 15
and La. Civ. Code art. 89 violate the Equal Protection and Due Process Clauses of the Fourteenth
Amendment of the United States Constitution.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Devon George be
and is hereby enjoined from denying marriage applications and refusing to issue marriage licenses
2

solely on the basis of the applicants being same-sex couples, specifically including the marriage
license application from Robert Welles and Garth Beauregard.
JUDGMENT RENDERED, READ AND SIGNED in New Orleans, Louisiana on this
______ day of July, 2014.
____________________________________________
HON. MARTIN LEACH-CROSS FELDMAN
United States District Judge



for the





REF: 14-cv-0097

NOTICE OF SUBMISSION
PLEASE TAKE NOTICE that undersigned counsel for the plaintiffs will submit for
consideration the accompanying Motion for Summary Judgment before the Honorable Martin L.C.
Feldman, United States District Court Judge, Eastern District of Louisiana, 500 Poydras Street,
New Orleans, Louisiana on the 13th day of January 2014 at 10 a.m.
LANDRY & SPIVEY

I hereby certify that on this 16th day of July, 2014, the foregoing NOTICE OF SUBMISSION has
been served upon all counsel of record by the Court's CM/ECF system.


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