U S D C D N D: Ramsay, Et Al., Affidavit of Joshua A. Newville Supporting Plaintiffs' Motion For Summary Judgment

UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA

Ramsay, et al.,

Plaintiffs,

vs.

Dalrymple, et al,

Defendants.
Court File No. 3:14CV57RRE-KKK
Case Type: Civil Rights / 1983

AFFIDAVIT OF JOSHUA A.
NEWVILLE SUPPORTING
PLAINTIFFS MOTION FOR
SUMMARY JUDGMENT

STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )

JOSHUA A. NEWVILLE, being first duly sworn upon oath, states as follows:

1. I am Plaintiffs counsel in this matter. I am submitting this affidavit in support
of Plaintiffs Motion for Summary Judgment.
2. The attached hereto as Exhibits are true and correct copies of:
Exhibit 1: N.D. House Bill 1302, 44th Legislative Assembly of North Dakota

Exhibit 2: Selected Legislative History of N.D. House Bill 1302 compiled by
Legislative Intent Service

Exhibit 3: Journal of North Dakota Senate, 2/28/1975

Exhibit 4: Senate Bill 2230, 55th Legislative Assembly of North Dakota

Exhibit 5: Letter from N.D. Senator Darlene Watne regarding Senate Bill 2230

Case 3:14-cv-00057-RRE-KKK Document 44 Filed 07/22/14 Page 1 of 3
!

Exhibit 6: Selected letters from Governors file relating to Senate Bill 2320 complied
by Legislative Intent Service

Exhibit 7: Initiative Petition to amend Article XI of the North Dakota Constitution

Exhibit 8: Associated Press article relating to amendment to N.D. Const. Art. XI,
dated May 25, 2004

Exhibit 9: Baptist Press article relating to amendment to N.D. Const. Art. XI, dated
October 29, 2004

Exhibit 10: Associated Press article relating to amendment to N.D. Const. Art. XI,
dated Sept 1, 2004

Exhibit 11: Selected pages gathered from Equality from State to State: Gay, Lesbian,
Bisexual and Transgender Americans and State Legislation in 2004 relating to amendment to
N.D. Const. Art. XI complied by Legislative Intent Service

Exhibit 12: Declaration of Ron Ramsay

Exhibit 13: Declaration of Peter Vandervort

Exhibit 14: Declaration of Celeste Carlson Allebach

Exhibit 15: Declaration of Amber Carlson Allebach

Exhibit 16: Declaration of Brock Dahl

Exhibit 17: Declaration of Austin Lang

Exhibit 18 Declaration of Michele Mickey Harmon

Exhibit 19: Declaration of Joy Haarstick

Exhibit 20: Declaration of Bernie Erickson

Exhibit 21: Declaration of David Hamilton

Exhibit 22: Declaration of Matthew Lee Elmore

Exhibit 23: Declaration of Beau Thomas Downey

Exhibit 24: Declaration of Stephanie Bock
#

Exhibit 25: Declaration of Siana Bock

FURTHER AFFIANT SAYETH NOT.

s/Joshua A. Newville .
Joshua A. Newville

Subscribed and sworn to before me
this 22nd day of July, 2014.

s/Ana L. Genz-Wall___
Notary Public, State of Minnesota
My commission expires 1/31/2017

L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
Ramsay v. Daugaard 3:14-CV-57-RRE-KKK
Ex. 1 Supporting Pls' Motion for SJ
Case 3:14-cv-00057-RRE-KKK Document 44-1 Filed 07/22/14 Page 1 of 1
LIS - 1a
SP - 1
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 5
SP - 2
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 3
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 4
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 5
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 6
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 7
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 8
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 9
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
SP - 10
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
Representative Alice A. Olson | North Dakota Legislative Branch
HomeContact Us
Search:
Send me to Bill No. (9999):
North
Dakota
Legislative Branch
Legislative AssemblyLegislative CouncilLegislative ManagementNewsCalendarVideo
HomeAssembly55th AssemblyMembersRepresentative Alice A. Olson
Representative Alice A. Olson
55th Assembly
District: District 10
Political Party:
Republican
Chamber:
House
View full Legislative Assembly history of Alice A. Olson.
Biography
City: Cavalier
Farmer
Graduate, Aaker's Business College
American Legion Auxiliary; Pioneer Daughters; Pembina County Historical Society; Pembina County
Hospital Auxiliary; United Presbyterian Church; Church organist, soloist; Director, Handbell Choir;
Member, ALEC; VPW Past President, District 11 Republican Women; National Order of Women
Legislators; Northeastern ND Heritage Association; NCSL Committee on Natural Resources;
Republican Presidential Task Force; ND Farm Bureau; Member, Garrison Diversion Overview
Commission; Member, Peace Garden Board of Directors
Widow; 2 children
House 1973-98
Home and Contact Links
Navigation
Breadcrumb Navigation You are here
Jump to Content
http://www.legis.nd.gov//assembly/55-1997/members/house/representative-alice-a-olson (1 of 2) [7/10/2014 12:22:34 PM]
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 6
Representative Alice A. Olson | North Dakota Legislative Branch
Committee Membership
Interim
Garrison Diversion Overview Committee
Insurance and Health Care Committee
Taxation Committee
Standing
Finance and Taxation
Natural Resources (Chairman)
Laws and Constitution
Century Code
Constitution
Session Laws
Legislator
Information
Biographies
Contact Information
Find My Legislators
Current Legislators by District
Legislative Districts
ND Budget Information
Biennium Information
Agency Budget Information
Budget and Fiscal Trends
North Dakota Finance Facts
Related Publications
Information Center
Agency Rules
General Information
Research Center
Legislative Drafting Manual
Legislative Links
Student Legislative Tour Information
Copyright 2014
North Dakota
Legislative
Council
Download Adobe
Reader to view,
print PDF files.
AccessibilityDisclaimerPrivacy
PolicySecurity PolicyW3C CSSW3C WAI AAW3C XTML Compliant
Legal Links
http://www.legis.nd.gov//assembly/55-1997/members/house/representative-alice-a-olson (2 of 2) [7/10/2014 12:22:34 PM]
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
Fifty-fifth Legislative Assembly, State of North Dakota, begun in the
Capitol in the City of Bismarck, on Monday, the sixth day of January,
one thousand nine hundred and ninety-seven
SENATE BILL NO. 2230
(Senators Christmann, Wanzek, Watne)
(Representatives Kerzman, Nelson, Sandvig)
AN ACT to amend and reenact sections 14-03-01 and 14-03-08 of the North Dakota Century Code,
relating to the definition of marriage and the recognition of a foreign marriage; and to provide an
effective date.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 14-03-01 of the North Dakota Century Code is amended
and reenacted as follows:
14-03-01. What constitutes marriage - Spouse defined. Marriage is a personal relation
arising out of a civil contract between a male one man and a female one woman to which the consent
of the parties is essential. The marriage relation may be entered into, maintained, annulled, or
dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a
husband or a wife.
SECTION 2. AMENDMENT. Section 14-03-08 of the North Dakota Century Code is amended
and reenacted as follows:
14-03-08. Foreign marriages recognized - Exception. All Except when residents of this
state contract a marriage in another state which is prohibited under the laws of this state, all marriages
contracted outside of this state, which are valid according to the laws of the state or country where
contracted, are valid in this state. This section does not apply when residents of this state contract a
marriage in another state which is prohibited under the laws of North Dakota. This section applies only
to a marriage contracted in another state or country which is between one man and one woman as
husband and wife.
SECTION 3. EFFECTIVE DATE. If the legislature of another state enacts a law under which a
marriage between two individuals, other than between one man and one woman, is a valid marriage in
that state or the highest court of another state holds that under the law of that state a marriage between
two individuals, other than between one man and one woman, is a valid marriage, the governor of this
state shall certify that fact to the legislative council. The certification must include the effective date of
the other state's legislation or the date of the court decision. Sections 1 and 2 of this Act are effective
as of the earlier of the effective date of that law or the date of that decision.
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 1d
SP - 11
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
PE - 13
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
PE - 14
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
PE - 12
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
Monday, June 07, 2004.max
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 2
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
May 25, 2004 7:00 pm DALE WETZEL, Associated Press Writer
A group plans to wage a petition campaign for a North Dakota constitutional amendment to
define marriage as the union of a man and woman.
Supporters of the move turned in a proposed amendment to Secretary of State Al Jaeger on
Wednesday. He has until June 7 to review the ballot measure and approve it for circulation.
Massachusetts began licensing same-sex marriages earlier this month. Opponents of homosexual
marriage have expressed fears that states which have not sanctioned the practice will be legally
forced to accept marriages performed elsewhere.
Christina Kindel, director of the North Dakota Family Alliance, is chairwoman of the initiative
campaign. The alliance promotes socially conservative beliefs. It supports tax cuts for families
and opposes abortion and gambling, according to policy statements posted on its Web site.
Kindel campaigned against the North Dakota introduction of the Powerball lottery, which voters
approved in November 2002. She could not be reached immediately for comment.
Sherri Paxon, of Mandan, a co-chairwoman of Equality North Dakota, a gay rights organization,
called the proposal sad and unnecessary.
"There are many states attempting to do this," Paxon said. "I think it's sad when any state or the
federal government writes discrimination into the constitution."
Activists in at least six states are circulating petitions to put same-sex marriage constitutional
amendments on the ballot. In at least six others, state legislatures have scheduled November
votes on the issue.
North Dakota's Constitution allows residents to bypass the Legislature and put constitutional
amendments and state laws to a vote. A ballot measure's supporters must gather a specified
number of petition signatures to put a proposal on the ballot.
Supporters of the marriage amendment must gather signatures from at least 25,688 eligible North
Dakota voters. The required number represents 4 percent of North Dakota's population, as
counted by the 2000 federal census.
The petitions must be turned in by Aug. 3 for the measure to be placed on the November general
election ballot.
The proposal would add two sentences to Article 11 of the North Dakota Constitution. They
read: "Marriage consists only of the legal union between a man and a woman. No other domestic
union, however denominated, may be recognized as a marriage, or given the same or
substantially equivalent legal effect."
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 8
Along with prohibiting same-sex marriages, the amendment also would apparently bar civil
unions of homosexual couples, which are allowed in California and Vermont. Civil unions give
gay couples many of the same rights as heterosexual married couples.
In 1997, the North Dakota Legislature approved a law barring state recognition of same-sex
marriages. The proposed ballot measure seeks to go a step further, and add similar language to
the state constitution.
Paxon, who was formerly known as Sherri Parsons, married her spouse, Vickie Paxon, last
August in British Columbia. In Canada, the provinces of British Columbia, Ontario and Quebec
now allow same-sex marriage.
Paxon said the North Dakota law has prevented her marriage from being recognized in her home
state.
"It already does what this constitutional amendment would propose," she said. "It seems to me to
make it even doubly discriminatory because we already have a law on the books that says
marriage is between a man and a woman. I think you're adding insult to injury by writing a
constitutional amendment."
Congress and a number of other states are debating proposals to ban same-sex marriages. The
U.S. Senate and House are considering identical proposed amendments to the U.S. Constitution.
President Bush has endorsed the concept of a federal constitutional amendment to prevent
recognition of homosexual marriages.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten
or redistributed.
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
N.D. conservatives ready to take a stand for marriage
By Michael Foust
Oct 29, 2004
EDITORS NOTE: This is the fifth story in a five-part series examining state
marriage amendment initiatives on the Nov. 2 ballot. The Marriage Digest, which normally
appears in Friday's Baptist Press, will return Nov. 5.
BISMARCK, N.D. (BP)--North Dakota is anything but a bastion of liberalism. In fact, it
hasn't gone Democratic in a presidential election since 1964.
So, why is a constitutional marriage amendment needed there? The answer is simple, pro-
family leaders say.
"It's needed in North Dakota for the same reason that it's needed everywhere else in the
nation -- because marriage has come under assault, and quite frankly, the courts are posing
the biggest challenges right now," Christina Rondeau, executive director of the North
Dakota Family Alliance, told Baptist Press.
"It's no secret to anyone that what is happening to other individual states is definitely going
to have an impact on our state."
North Dakota is one of 11 states that will vote Nov. 2 on constitutional amendments that
protect the traditional definition of marriage, thus banning same-sex "marriage." Four of
those are western states that tend to trend conservative -- North Dakota, Oklahoma,
Montana and Utah. And while those four states are expected to pass the amendments, polls
in all four have shown support below 60 percent -- surprising considering that Louisiana
and Missouri passed amendments this year with more than 70 percent support.
-- In North Dakota, an Oct. 23 Forum/WDAY-TV poll of likely voters showed the
amendment winning by a margin of 52-36 percent.
-- In Montana, an October Billings Gazette State Poll showed the amendment there favored
by a margin of 59-34 percent.
-- In Utah, the amendment there is favored by a margin of 59-33 percent, according to an
Oct. 29 Salt Lake Tribune poll of registered voters.
-- In Oklahoma, an Oct. 12 KWTV-TV poll showed that state's amendment supported by 59
percent of registered voters.
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 15
"As a general rule North Dakotans tend to view themselves as very conservative," Rondeau
said. "My experience has really tended to reveal what I would consider more of a libertarian
conservative mentality."

Turnout is key in North Dakota, she said.

The effort in North Dakota to put a marriage amendment on the ballot began when several
Canadian provinces began legalizing same-sex "marriage." The fact that Massachusetts
legalized it in May -- thanks to a ruling by that state's high court -- "added a lot of fuel to the
fire," Rondeau said. Manitoba, a province that borders North Dakota, legalized same-sex
"marriage" in September.

"What happened with Canada definitely concerned a lot of North Dakotans," she said.
"There are a lot of people here who travel back and forth."

While the various state amendments aren't foolproof -- they can be overturned in federal
court -- they do nonetheless provide protection within the state by preventing state courts
from issuing pro-same-sex "marriage" decisions.

To put the amendment on the Nov. 2 ballot, the North Dakota Family Alliance had to gather
25,000 signatures -- not an easy task in a state with 600,000 people. They passed their goal
with ease and finished with 42,000.

"We did expect to get [the amount] we needed," Rondeau said. "[But] we were amazed at
the incredible response of people. We knew there was a lot of support. We just didn't know
how much of it we could tap into in the six weeks time we had to collect the signatures."

The signatures were collected in churches and by people on the streets. Also, many people
downloaded the petition online and mailed it in.

"It was a grassroots campaign," Rondeau said. "A lot of it was just through word of mouth."

Now, Rondeau hopes that grassroots campaign results in a victory on Election Day.
--30--
For more information about the national debate over same-sex "marriage," visit
http://www.bpnews.net/samesexmarriage

Copyright 2014 Baptist Press
Original copy of this story can be found at http://www.bpnews.net/bpnews.asp?id=19437

L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
September 01, 2004 7:00 pm DALE WETZEL, Associated Press Writer
North Dakotans will vote in November on a constitutional amendment to limit marriage rights to
man-woman couples, Secretary of State Al Jaeger says.
Jaeger on Wednesday said a petition that requires a statewide vote on the amendment had 42,093
legal signatures, considerably more than the 25,688 names needed to put the idea on the
statewide ballot.
The North Dakota Family Alliance, a Bismarck group that supervised the initiative campaign,
had said it collected more than 52,000 petition signatures. Jaeger said his office counted 44,105
names, and rejected 1,647 signatures for various reasons, including incomplete signatures and
addresses and notary errors.
Jaeger said the difference in signature counts was irrelevant. "Our main goal is just to make sure
there's enough names," he said.
The amendment would deny any state legal recognition to same-sex marriages or civil unions, an
option considered a legal alternative for gay and lesbian couples who seek the rights normally
conferred on married people.
Its text reads: "Marriage consists only of the legal union between a man and a woman. No other
domestic union, however denominated, may be recognized as a marriage or given the same or
substantially equivalent effect." It will be listed as Measure 1 on the November ballot.
John Trombley, of Fargo, chairman of the Family Alliance, said the organization has not planned
an extensive advertising effort to support the measure.
"Probably, it's going to be on the low-key side," Trombley said. "It's not like we have a lot of
money, or for that matter, any money, to take on any big campaign. So we're going to use
whatever free methodology that we possibly can to continue to encourage and educate folks."
Robert Uebel, chairman of Equality North Dakota, which advocates for gay and lesbian rights,
said opponents of the measure are trying to raise money to encourage a "no" vote on the
proposal. State Rep. Mary Ekstrom, D-Fargo, is hosting a fund-raiser Sept. 23 for the campaign,
Uebel said.
Amendment opponents will be writing newspaper letters to the editor, promoting debates on the
measure and doing some advertising, Uebel said.
"The numbers aren't there for us. That's no lie, that's just the reality. We know that," he said.
"But we also think that the support (against the amendment) is growing, and I think public
opinion is shifting very quickly."
The issue has already arisen in North Dakota's campaigns for Congress, where the incumbent
Democrats, Sen. Byron Dorgan and Rep. Earl Pomeroy, have spoken against a federal
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
LIS - 10
constitutional amendment to reserve marriage rights to man-woman couples. GOP Senate
candidate Mike Liffrig and House candidate Duane Sand have supported efforts to amend both
the federal and state constitutions to forbid recognition of same-sex marriages.
A Liffrig campaign ad, which began airing this week, briefly depicts two men at the altar
preparing to kiss as "Here Comes the Bride" plays in the background. "With Sen. Dorgan now
supporting gay marriages you can kiss our North Dakota values goodbye. Or we can kiss
Dorgan goodbye," an announcer says.
Dorgan has denounced the ad as dishonest, pointing to his vote for a federal law that refuses to
recognize homosexual marriages.
At least nine other states are voting on similar constitutional amendments in November -
Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, Oklahoma, Oregon and Utah.
Initiative petitions in Ohio are still being verified, and in Louisiana, the state Supreme Court is
considering whether to allow a Sept. 18 vote on a state marriage amendment.
Last month, Missouri voters approved a marriage amendment, with 71 percent of the voters
supporting it.

L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
M
a
r
r
i
a
g
e
-
R
e
l
a
t
e
d

B
i
l
l
s
Equality from
State to State:
Gay, Lesbian, Bisexual
and Transgender
Americans and State
Legislation in 2004
2 9
Status : This resolution passed the House on
Feb. 24, 2004, 56-16. It passed the Senate on
March 3, 2004 by a 20-7 vote.This measure
was approved by 66 percent of voters on
Nov. 2, 2004.
Virginia House Bill 751 This bill reaffirms that
Virginia has no constitutional or legal obligation
to recognize a marriage, civil union, partnership
contract or other arrangement purporting to
extend marital privileges or obligations from
other jurisdictions. It was amended to read:
A civil union, partnership contract or other
arrangement between persons of the same sex
purporting to bestow the privileges or obliga-
tions of marriage is prohibited. Any such civil
union, partnership contract or other arrangement
entered into by persons of the same sex in
another state or jurisdiction shall be void in all
respects in Virginia and any contractual rights
created thereby shall be void and unenforceable.
Status : This bill passed the Senate on March
10, 2004, by a 28-10 vote and the House on
March 11, 2004. Democratic Gov. Mark Warner
amended the measure, striking out the last few
sentences.These changes were rejected by the
Legislature and the measure went into effect on
July 1, 2004.
Virginia Senate Joint Resolution 91 and House
Joint Resolution 187 These resolutions urge
Congress to pass the Federal Marriage
Amendment.
Status : S. J. R. 91 passed the Senate on Feb. 7,
2004, by a 29-11 vote, and passed the House on
Feb. 27, 2004, by a 74-23 vote. H.J.R. 187 passed
the House on Jan. 23, 2004, and passed the
Senate on March 10, 2004.
Wisconsin Assembly Joint Resolution 66 This
resolution proposes to amend the state constitu-
tion to state: Only a marriage between one man
and one woman shall be valid or recognized as a
marriage in this state, and legal status identical
or substantially similar to that of marriage for
unmarried individuals shall not be valid or rec-
ognized in this state.
Status : This resolution passed the Assembly on
March 5, 2004, by a 68-27 vote, and the Senate
on March 11, 2004, by a 20-13 vote. It must be
re-approved by the Legislature in 2005 before it
can go to voters.
Ci ti z e n-I ni ti a t e d Ma r ri a g e-
Rel a t e d B a l l ot I ni ti a ti v es
Arkansas This measure was approved by
75 percent of voters on Nov. 2, 2004.
This measure amends the state constitution to
read: Marriage consists only of the union of one
man and one woman. Legal status for unmarried
persons which are identical or substantially simi-
lar to marital status shall not be valid or recog-
nized in Arkansas, except that the Legislature
may recognize a common law marriage from
another state between a man and a woman.The
Legislature has the power to determine the
capacity of persons to marry, subject to this
amendment, and the legal rights, obligations,
privileges and immunities of marriage.
Michigan This measure was approved by
read: To secure and preserve the benefits of
marriage for our society and for future genera-
tions of children, the union of one man and one
woman in marriage shall be the only agreement
recognized as a marriage or similar union for
any purpose.
Montana This measure was approved by
read:Only a marriage between one man and
one woman shall be valid or recognized as a
marriage in this state.
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
3 0
M
a
r
r
i
a
g
e
-
R
e
l
a
t
e
d

B
i
l
l
s
Equality from
State to State:
Gay, Lesbian, Bisexual
and Transgender
Americans and State
Legislation in 2004
North Dakota This measure was approved by
This measure amends the state constitution
to read:Marriage consists only of the legal
union between a man and a woman. No other
domestic union, however denominated, may
be recognized as a marriage or given the same
or substantially equivalent effect.
Ohio This measure was approved by
The measure amends the state constitution to
read:Only a union between one man and one
woman may be a marriage valid in or recog-
nized by this state and its political subdivisions.
This state and its political subdivisions shall not
create or recognize a legal status for relation-
ships of unmarried individuals that intends to
approximate the design, qualities, significance
or effect of marriage.
Oregon This measure was approved by
The measure amends the state constitution to
read:It is the policy of Oregon, and its political
subdivisions, that only a marriage between one
man and one woman shall be valid or legally
recognized as a marriage.
Ma r ri a g e-Rel a t e d Bi l l s: Acti v e
District of Columbia Proposed Resolution 790
This proposed resolution would declare that it is
the sense of City Council to work with the mayor
to ensure recognition of marriages of same-sex
couples lawfully performed in other states.
Status : This resolution was introduced on
March 17, 2004.
Massachusetts House Bill 3556, House Bill 3677
and Senate 935 These bills would permit
same-sex couples to marry.
Status : These bills were introduced on Jan. 1,
2003, and carried over to the 2004 session.
Michigan House Resolution 109/Senate
Concurrent Resolution 31 These resolutions
urge Congress to pass the Federal Marriage
Amendment.
Status : These resolutions were introduced on
July 16, 2004.
New Jersey Assembly Bill 460 This bill would
declare that marriages between same-sex cou-
ples are void and purports to void marriages
between same-sex couples from other
jurisdictions
Status : This bill was introduced on
Jan. 13, 2004.
New Jersey Assembly Resolution 179 This
resolution encourages Congress to pass the
Federal Marriage Amendment.
Status : This resolution was introduced on
May 27, 2004.
New Jersey Senate Bill 1148 This bill would
add persons of the same sex shall not marry
to the states marriage laws.
Status : This bill was assigned to the Senate
Judiciary Committee on Feb. 24, 2004.
New York Assembly Bill 7392/Senate Bill 3816
These bills would declare that marriages
between same-sex couples from other jurisdic-
tions will be deemed valid in New York.
Status : These bills were referred to the
Judiciary Committee on Jan. 7, 2004.
New York Senate Bill 2220/Assembly Bill 2998
These bills would permit same-sex couples to
marry in New York.
Status : These bills are carry-over bills from
2003.The Assembly bill was assigned to the
Judiciary Committee on Jan. 7, 2004, and the
Senate bill was assigned to the Judiciary
Committee on Feb. 21, 2004.
L
E
G
S
L
A
T
V
E

N
T
E
N
T

S
E
R
V
C
E

(
8
0
0
)

6
6
6
-
1
9
1
7
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
RON RAMSAY and PETER VANDERVORT;
CELESTE and AMBER CARLSON
ALLEBACH; BROCK DAHL and AUSTIN
LANG; MICHELE HARMON and JOY
HAARSTICK; BERNIE ERICKSON and
DAVID HAMILTON; MATTHEW LEE
ELMORE and BEAU THOMAS; and
STEPHANIE and SIANA BOCK,
Plaintiffs,
vs.
JACK DALRYMPLE, in his official capacity
as Governor; WAYNE STENEHJEM, in his
official capacity as Attorney General; RYAN
RAUSCHENBERGER, in his official capacity
as State Tax Commissioner; TERRY
DWELLE, in his official capacity as State
Health Officer; and CHARLOTTE SANDVIK,
in her official capacity as Cass County
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF RON RAMSAY
I, RON RAMSAY, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my husband, PETER
VANDERVORT. I have personal knowledge of the matters stated in this Declaration and
could and would competently testify to these facts.
2. I am sixty-nine years old and live with my husband in Fargo, North Dakota. I
currently teach at North Dakota State University in Fargo, where I have taught for 42
years.
1
3. I was born in the suburbs of Chicago, Illinois in 1945 and was raised exclusively
by my father after I turned 8-years-old. I remained in Chicago until I decided to study
architecture at University of Oklahoma, and then later Columbia University in New York.
4. Although I knew I was attracted to men since I was young, I was scared to act on
those feelings and effectively remained celibate until after my father died. Looking back,
I wish I had told my father before he died, because I believe now that he must've known
all along. I came out to my friends in Fargo in approximately 1980. I was careful to pick
thoughtful and intelligent friends who continued to treat me the same way they always
had.
5. After studying at University of Oklahoma and then at Columbia University and
obtaining a degree in architecture, I accepted a faculty position at No1ih Dakota State
University in Fargo. There, I have remained and taught architecture for over 42 years.
6. I met Peter in 1985 while we were both attending the Aquatennial Parade in
Minneapolis, Minnesota. We shared an immediate connection and began dating. Soon
thereafter, Peter moved to Fargo and we began what has now been nearly three decades
of building our lives together.
7. Peter and I have kept Fargo as our home throughout the past 29 years. We love
our lives here and both remain active in the community. We have hosted two high school
foreign exchange students-one from Austria and one from the Netherlands. We have
two rescue animals, one dog and one cat. We enjoy reading, watching movies, viewing
art, listening to classical music and opera, remodeling our home, gardening (although not
vegetables; Peter can't keep them alive), learning about the world, and more. I am an
advocate for historic preservation and enjoy giving walking and driving tours for senior
2
citizens and other groups in the Fargo area.
8. At midnight on August 1, 2013, Peter and I were finally married at the Clay
County Courthouse in Moorhead, Minnesota. It was a powerful experience. After 28
years together, we finally felt what it was like to stand before a government and the world
and announce our love and commitment to each other. As we traveled the one-mile trip
home and across the border into North Dakota, however, our marriage certificates were
worthless in the state where we've built our lives together and contributed to for so many
years. It was a bittersweet day.
9. Having our marriage recognized in North Dakota is important to Peter and me.
We want to be sure that adequate legal protections are in place for our family, and want
our relationship recognized as equal. N01ih Dakota's refusal to recognize our maniage
hmis us, and burdens us in many ways. For example: unlike different-sex couples, we are
not allowed to file joint income state tax returns; the State doesn't allow us to be jointly
covered under our employers' health insurance; unlike different-sex couples, in the event
that one of us passes away without a will, our interests are not protected. It would mean
the world to us if the state we call home would recognize our lawful Minnesota marriage.
I sign this Declaration under penalty of pe1jury under the laws of the State of
North Dakota and the United States.
hi\
- DATED this_ day of July 2014.
3
Plaintiffs,
vs.
official capacity as Attorney General; RY AN
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF PETER VANDERVORT
I, PETER VANDERVORT, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my husband, RON RAMSAY.
I have personal knowledge of the matters stated in this Declaration and could and would
competently testify to these facts.
2. I am currently 63 years old and I live in Fargo, North Dakota with my husband
Ron, and our one dog and one cat. I work and teach in theater, including work at the
Fargo-Moorhead Community Theater, Minnesota State University Moorhead, and West
Fargo High School.
3. I was born and raised in Wisconsin, where I studied theater at the University of
Wisconsin-Eau Claire. After college, I settled in Minneapolis, Minnesota, where I
worked as an actor and a costumer for several Twin Cities theater groups, including the
Chanhassen Dinner Theater. When I met Ron in 1985, I moved to Fargo, where I now
continue to work in theater.
4. I have known I am gay for as long as I can remember. I didn't officially come out
until approximately 1972, when I was 21 years old and a junior in college. Although all
of my friends and classmates probably knew, my parents did not. One evening while I
was away at college, my mom called me to tell me that she had just found out that my
older brother was gay, which I did not know. My mother then explained that she and my
father wondered if I was also gay. Stunned, I told her that I was; she comforted me and
said that her and my father would remain supportive.
5. After graduating from University of Wisconsin - Eau Claire I settled in
Minneapolis, Minnesota, where I staiied work as an actor and costumer for several Twin
Cities theatre groups, including the prestigious Chanhassen Dinner Theatre. After Ron
and I met, we moved to Fargo, North Dakota-where we remain today. Here, I continue
to work and teach in theater.
6. In 1985, I met Ron at the annual Aquatennial Parade in Minneapolis, Minnesota.
We shared an immediate connection and began dating. Soon thereafter, I moved to Fargo
and we began what has now been nearly three decades of building our lives together.
7. Ron and I have kept Fargo as our home throughout the past 29 years. We love our
lives here and both remain active in the community. We have hosted two high school
foreign exchange students-one from Austria and one from the Netherlands. We have
two rescue animals, one dog and one cat. We enjoy reading, watching movies, viewing
art, listening to classical music and opera, remodeling our home, gardening (although not
vegetables; I can't keep them alive), learning about the world, and more. I am a musical
theater history buff and enjoy studying genealogy.
8. At midnight on August 1, 2013, Ron and I were finally married at the Clay
County Courthouse in Moorhead, Minnesota. It was a powerful experience. After 28
years together, we finally felt what it was like to stand before a government and the world
and announce our love and commitment to each other. As we traveled the one-mile trip
home and across the border into North Dakota, however, our marriage certificates were
worthless in the state where we've built our lives together and contributed to for so many
years. It was a bittersweet day.
9. Having our marriage recognized in North Dakota is important to Ron and me.
We want to be sure that adequate legal protections are in place for our family, and want
our relationship recognized as equal. North Dakota's refusal to recognize our marriage
hurts us, and burdens us in many ways. For example: unlike different-sex couples, we are
not allowed to file joint income state tax returns; the State doesn't allow us to be jointly
covered under our employers' health insurance; unlike different-sex couples, in the event
that one of us passes away without a will, our interests are not protected. It would mean
the world to us ifthe state we call home would recognize our lawful Minnesota mmTiage.
I sign this Declaration under penalty of pe1jury under the laws of the State of
Nmih Dakota and the United States.
DATED thisO?a day of July 2oi 4.

Peter Vanderv01i

lSTRlCT couRT
IN THE DAKOTA
FORTHEDl T
CASE NO. 3:14-CV-57
"',., '>-ASAY and PETER VANifERVORT;
J:<,..t>..l" ER cARLSOf!
CELESTE and AMtc:K DAHL AUSTIN
ALLEBACH; BR: HAWiON JOY
and
;:E
ELMORE and BEAU THOMA-i
STEPHANIE and SIANA BOC '
Plaintiffs,
vs.
JACK DALRYMPLE, in his o, icial
as Governor; WAYNE STENE. EM, m his
official capacity as Attorney RYAN_
RAUSCHENBERGER, in his !?ffic1al capacity
as State Tax Commissioner; Ti'}RRY
in his official capacity as Health Offic_er'
and CHARLOTTE SANDVl , ' in her official
capacity as Cass County Trea, er,
Defendant.

DECLARATION oFIPLAINTIFF CELESTE CARLSON ALLEBACH
I

I, CELESTE CARLSON AULEBACH, hereby declare and state as follows:
1. I am one of the in this action, along with my wife, AMBER CARLSON
ALLEBACH. I have perso,al knowledge of the matters stated in this Declaration and
could and would competent1j testify to these facts.
1
2. I am currently 38 yedrs old and live in Fargo, North Dakota with my wife, Amber,
""' "' '""-ohikha I = ortly pre_, WO to woko= om
third child mto our home Jater this year. I am currently a full-time social worker and
primarily focus OD helping : lomeJess famj]jeS and indiVidUaJS Struggling tO get their JiYeS

on track.
akota, raised in Lisbon, North Dakota and have lived
in North Dakota for most of my life. I graduated from Fargo South High School and
obtained my bachelor's degree , m University of Mary in Bismarck, North Dakota. I
also have a master's degree in soci 1 work from the University of North Dakota.

4. I started coming out as a\ sbian when I was 19 years old, but I had known and
accepted for much longer that I as attracted to females. As a younger teenager, more
than anything, I just wanted to ~ like everyone else. I kept my sexuality a secret out of
fear that people would see me di , rently. As I matured, I began to feel like I was living a
lie. 1 concluded that I could no I: nger hide such an integral part of myself and told my
closest friends and my parents. I 11 never forget my mom's response. She warned that
while she fully accepted me, all q society wouldn't be as understanding; her advice was
to avoid becoming bitter as to !iv, as happy of a life as possible. I next told my extended
family. Most people commented1 at I was the same person they'd always known, that
they loved me, and that it wouldt).'t change anything. I feel very fortunate and grateful to
have a positive support system, specially since I know many lesbians and gay men do
not.
5. I metAmber through muf 1 friends in 2007. We quickly realized how compatible
we were together and started dati g. Soon after, we fell in love. We hoped to be married,
but since North Dakota would nq allow it, we instead celebrated our love and devotion to
each other with a commitment c emony and reception on December 8, 2007.
6. After the ceremony, we ~ arted talking about our mutual desire to have children
and to raise a family. We were b th concerned about the implications of raising a family
2

without martial protections; acco. "ngly, we spent considerable time and money in an
effort to best prepare for starting a family. We made each other durable and medical
power of attorneys, drafted living, ills, and through court petition, jointly adopted each
other's last names. As we soo!Ji learned, however, there is no substitute for actual
marriage.
7. After careful planning, I il!lD.derwent intrauterine insemination. After a difficult
pregnancy, our son K.C.A. was, om at Meritcare Hospital in Fargo in April 2009.
Despite me and Amber's love an, commitment for our family, and despite the fact that
Amber was involved in the planrtj g, pregnancy care, and the birth of our son, we were
devastated when we learned that orth Dakota refused to allow Amber to be listed as a
parent on our child's birth ce ,"ficate. We then went through the time-consuming,
expensive, and detailed process o Amber adopting our child as a second parent. Those
assisting us told us that there was no guarantee the State would even honor our request;
but we were determined to do w atever we could to best protect our family. We went
through extensive background an, criminal history checks and a home study program. It
was time-intensive and emotional! and financially exhausting, and we still didn't secure
all the rights that different-sex col\ !es get upon the birth of their children. Sadly, we were
forced to through the entire proce s again when our daughter was born in June 2011 at
Sanford Hospital in Fargo. Now, 11 m again pregnant and we are expecting our third child
later this year. I am infonned and1 derstand that in North Dakota, opposite-sex couples
who conceive a child using assiste reproduction are able to take advantage of a statutory
presumption that both spouses ar<j the parents of the child born during the marriage. I am
also informed and understand that1 ecause North Dakota does not recognize our marriage
3

entered into in Minnesota, Amber ,annot benefit froJ the marital presumption and will-
again-not be listed as our baby's'f arent on the birth certificate when he or she is born. I
am informed and understand thati IAmber will therelre lack any legal recognition as a
parent of our child. North Dakota s refusal to recognize us as a family exposes us as a
couple and our child to a of unacceptable dsks, depriving us of a host of legal
protections that other families . e automatically granted in the event of health
emergencies or other crisis situati, ns, including problems that may arise when or shortly
after I give birth. This is both un air and demeanink and we worry about the message
these discriminatory laws will sen. to our children.
8. Amber and I both love chi!
of our son, we decided to have
en and love being parents so much that after the birth
er open an daycare. This ensures that we can
spend as much time together as pq sible and that the is always at least one of us present
with our children. There is nothiq I love more than spending time with Amber and our
children. When time allows, we a end community events, go on long bike rides, camp,
and spend time with our extended if amities.
9. In 2013, after it was a. ounced Minnesra would have marriage equality
beginning August 1, 2013, AmbeF and I talked moving to Minnesota. We strongly
considered selling our home and moving to MinnJsota in order to better protect our
J>roily. Ul-oly, though, wo j dreply oonool. obout Im,mg om
fumily, friond>, .W um , nd wmk. Wo w+ &ro ""'ut tho OX!<=
and uncertainty involved in movi g. We also love rorth Dakota and want to remain a
part of our community. In order to secure as many pJotections for our family as possible,
'' millnight Augu& I, 2013, . u fut d>y nfmf go oqwtlity in
4

and I were finally officially maJed in Moorhead, Minnesota in a mass ceremony of
same-sex couples who also wante, to celebrate their love and commitment. It was one of
the happiest moments of our lives.
10. We feel that Fargo is a gre t place to raise our children; we also love being close
to OW family, frioom, ond It poiM tbM OW f=ily i not="'
equal by the state. As a family, as,rpouses, and as North Dakotans, Amber and I want our
relationship and family to be le ally recognized, just as the families of opposite-sex
couples are. We want to share in the benefits and responsibilities of marriage, and we
want our marriage and family to1 be legally recognized and protected by North Dakota
law. The bottom line is this-we1 want our family to be recognized, and we want to be
sure that our dignity would remain intact and that our wishes would be followed in case
married couple.
11. Amber and I want our m age to be recognized in North Dakota. We want our
children, and our future children, to know that our family is as important as the families
of their peers at school. We want our children and any people with whom they come in
contact, including teachers, doct. rs, nurses, and parents of his classmates, to know that
we are a family and recognizedj as such by the state of North Dakota. We want to be
treated as equal, respected, and p. icipating members of society.
I sign this Declaratiollj under penalty of perjury under the laws of the State of
North Dakota and the United tates.
2014.
I
c:::::::; <;;: >
Celeste Carlson Allebach
5

IN THE ED STATES DISTRICT COURT
FOR THE DI STRICT OF NORTH DAKOTA
RON RAMSAY and PETER CASE NO. 3:14-CV-57
CELESTE and AMBER CARLSQ
LANG; MICHELE HARMON JOY
HAARSTICK; BERNIE ERICKSl'.})N and
DAVID HAMILTON; MATTHEwj LEE
ELMORE and BEAU THOMAS;. d
Plaintiffs,
VS.
JACK DALRYMPLE, in his 1 capacity
as Governor; WAYNE STENEHJ , in his
official capacity as Attorney Gener l; RYAN
RAUSCHENBERGER, in his offi: ial capacity
as State Tax Commissioner; DWELLE,
in his official capacity as State Officer;
and CHARLOTTE SANDVIK, in1her official
capacity as Cass County Treasurer,
Defendant.
NTIFF AMBER CARLSON ALLEBACH
I, AMBER CARLSON ALLEBA 1 H, hereby declare and state as follows:

1. I am one of the Plainti; s in this action, along with my wife, CELESTE
CARLSON ALLEBACH. I hav, personal knowledge of the matters stated in this
Declaration and could and would e mpetently testify to these facts.
2. I am currently 29 years : Id and I live in Fargo, North Dakota with my wife
Celeste, and our 2 children. e is currently pregnant with our third child, which we
are excited to welcome into our: family later this year. Celeste and I have been in a
committed relationship since 20 7. I have owned and operated Over the Rainbow
1

Daycare for over five years.
3. I was born in Long Prairieij Minnesota and raised in Menahga, Minnesota. I have
two bachelors' degrees (in religion and art) from Concordia College in Moorhead,
Mimre-. I =Mtly wont lmcl< t to P="' dog= in =th "'"""oo from
Minnesota State University in Mo, rhead.
4. I came out when I wa. 19 years old and was a sophomore in college.
Inadvertently, I came out on Nat( nal Coming Out Day. I knew that I was attracted to
females long before then and wo, Id have come out earlier but didn't feel that my high
school was a safe place. My pa, nts have been incredibly supportive of Celeste, our
family, and me.
5. I met Celeste during an with friends in 2007. We immediately realized
our compatibility and began datJg; before long, we fell in love. Our many common
interests and shared love for childen drew me to her. After some time, we began talking
about marriage. While we were that North Dakota wouldn't allow us to marry, we
were determined to celebrate our ,lommitment to one another. Accordingly, on December
8, 2007, in front of family and fri. ds, we celebrated our love and devotion to each other
with a commitment ceremony and!
6. After careful thought and ; tanning, Celeste and I decided to expand our family by
having children. Our first child , as conceived in 2008 via intrauterine insemination.
After a difficult and lengthy pr<j ancy, in April 2009, Celeste gave birth to our son
I
K.C.A at Meritcare Hospital in 'f argo. To say that we were overjoyed would be an
understatement. However, I w<1;s heartbroken when I discovered that despite our
commitment to each other and I new son, North Dakota would not allow me to be
2

listed as a parent on his birth ertificate. We were forced to go through the time-
consuming, expensive, and detail, process of me adopting my own child. Though it was
emotionally and financially exhaurng, we are determined to protect our family as best as
we can. In June 2011, we celebrrted the birth of our daughter M.C.A., who was also
conceived via intrauterine insemi, tion and delivered by Celeste at Sanford Hospital in
Fargo, North Dakota. We were forced to undergo the exhaustive process of me
adopting our daughter. Celeste is a,f ain pregnant and we are now expecting our third child
later this year. I am informed and1rderstand that in North Dakota, opposite-sex couples
who conceive a child using assist<;tl reproduction are able to take advantage of a statutory
presumption that both spouses arej the parents of the child born during the marriage. I am
also informed and understand thatrecause North Dakota does not recognize our marriage
entered into in Minnesota, I cannqt benefit from the marital presumption and will-again
-not be listed as our baby's t on the birth certificate when he or she is born. I am
informed and understand that I wil therefore lack any l.egal recognition as a parent of our
child. North Dakota's refusal to us as a family exposes us as a couple and our
child to a number of unacceptabl: I risks, depriving us of a host of legal protections that
other families are automatically , ted in the event of health emergencies or other crisis
situations, including problems th, may arise when or shortly after Celeste gives birth.
This is both unfair and demeanin and we worry about the message these discriminatory
laws will send to our child.
7. Our family enjoys a very lctive lifestyle. We love to swim, walk, camp, go on
bike rides, spend time with our fi ilies, and attend community events and acitivities.
8. In 2013, after it was ounced Minnesota would have marriage equality
3

beginning August 1, 2013, Celeste and I talked about moving to Minnesota. We strongly
considered selling our home and! moving to Minnesota in order to better protect our
family. Ultimately, though, we re deeply concerned about leaving our community,
family, friends, and our business l!Ild work. We were also concerned about the expense
and uncertainty involved in movi I g. We also love North Dakota and want to remain a
part of our community. In order to secure as many protections for our family as possible,
at midnight on August 1, 2013, th first day of marriage equality in Minnesota, Celeste
and I were finally officially mJ'ed in Moorhead, Minnesota in a mass ceremony of
same-sex couples who also wante<ll to celebrate their love and commitment. It was one of
the happiest moments of my life.
9. We feel that Fargo is a gr<:jat place to raise our children; we also love being close
to our family, friends, and neighbdrs. It pains us, however, that our family is not seen as
equal by the state. As a family, as . pouses, and as North Dakotans, Celeste and I want our
relationship and family to be le ally recognized, just as the families of opposite-sex
couples are. We want to share ill! the benefits and responsibilities of marriage, and we
want our marriage and family to 1be legally recognized and protected by North Dakota
law. The bottom line is this-w"rt om fumily to bo <md WO Wrutt to b<
sure that our dignity would remain intact and that our wishes would be followed in case
something happens to one or bcJh of us. These are the same rights afforded to any
married couple.
10. Celeste and I want our ma:rriage to be recognized in North Dakota. We want our
clllldreo, "'' future clrildreo, t k=w 1lW om fumily i " import=t " tho
of their peers at school. We want1 ur children and any people with whom they come in
4

contact, including teachers, doctor, nurses, and parents of his classmates, to know that
we are a family and recognized as such by the state of North Dakota. We want to be
tread M oqwtl, '"'''"' ""',ciP'ting m=""' of rooicty.
I sign this Declaration under penalty of perjury under the laws of the State of
North Dakota and the United S ~ t e s
DATED this,2.0 day of Jul 12014.
Amber Carlson Allebach
5
Plaintiffs,
VS.
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF BROCK DAHL
I, BROCK DAHL, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my boyfriend, AUSTIN LANG.
2. I am 27 years old and live with my boyfriend in Fargo, North Dakota. I currently
work as a supervisor at US Bank.
3. I was born in Cavalier, North Dakota was raised in Drayton, North Dakota - just
south of the Canadian boarder. After graduating from Drayton High School. I continued
to live in Drayton until I met and fell in love with Austin.
4. I have known I am gay for as long as I can remember. I did not "come out" in a
conventional way. It happened very quickly when I was 13 years old. I told one of my
very good friends, who told someone else, who told someone else, etc. Because of word
of mouth and the population of Drayton, I basically came out to the entire school
overnight, and not long after, the whole town. I never really told anyone directly after that,
except my mother, who already knew anyway. Occasionally, other students would make
hurtful comments about my being gay, but it was mostly a non-issue and I I've always
surrounded myself with supportive friends and family.
5. I graduated from Drayton High School and started my current career just over two
years ago as a Cardmember Customer Service Advisor at US Bank. Less than 6 months
later, I moved into Corporate Payment Systems, taking on two additional skill
levels. Three months later, I was promoted to another skill level. I became a Solutions
Advisor (essentially a supervisor) on December 31, 2013. I am currently awaiting the
opportunity to move into management.
6. I met Austin in 2011. My sister and I enjoy a close relationship, and talk quite
often. One night I jokingly mentioned that she should find me a boyfriend since she was
in the Fargo area, and I was still living in Drayton. It just so happened my sister worked
with Austin, and introduced us via text message. After a series of great conversations, we
decided to meet halfway in Grand Forks, North Dakota. We had out first date at the Blue
Moose Bar and Grill and immediately hit it off. For many months we continued to date,
taking turns driving the long two-hour drive to spend time with each other. In 2012, in
2
order to be closer with Austin. I decided to move to Fargo. Increasingly, we grew closer
and closer together, eventually falling in love.
7. As each day passed, I thought about marrying and spending the rest of my life
with Austin. Finally, on November 15, 2013, I couldn't wait any longer. While Austin
was sleeping, I slipped a ring on his finger. When he woke up and saw the ring, I asked
him to marry me. I was thrilled when he accepted the proposal!
8. We are legally qualified to marry under North Dakota law, but for the fact that we
are the same sex. We are both of sound mind and capable of consent. We are both over
the age of 18. Neither of us have a living spouse of a previous undissolved marriage. We
are not related to each other within the prohibited degrees of blood or marriage. We were
and are willing to provide the information to receive a marriage license and to pay the
required fee. We are able and eager to assume the responsibilities of marriage. Yet, when
we applied for a marriage license at the Cass County Treasurer's Office on June 4, 2014,
the agent told us that North Dakota doesn't do same-sex marriage. We were heartbroken
that our love could be discriminated against and we cannot have any of the legal, and
societal benefits of having a legal marriage in the State we call home.
9. Austin and I remain active within the community. We love to fish, travel, golf,
garden, spend time with our cats, watch various television series and sitcoms, do various
handy work, and, spend time with each other. We also love North Dakota, and we don't
want to leave the state. I grew up along the Red River; it's been part of my life since I
was born and we both love the unique beauty of the river valley and the stability of the
job market and general economy in the state. I even love the cold winter climate. Our
lives are centered in North Dakota, which also contains our friends, careers, family, many
3
friendly people, and so much more. We want to grow with the state, but we are hurt that
our engagement cannot become a marriage in the state we both love and cherish.
10. We both want to be married because of the love and the commitment that we
share for each other. We want to express our devotion towards one another and toward
being a family unit in our larger community and society. We have talked about having
children together, and we want to be sure that if we do so that we can provide our family
as much protection, dignity, legitimacy, and respect as possible. It hurts us that we cannot
marry in North Dakota and we do not want to have to leave our home in order to be
married.
DATED this jl"':day of July 2014.
Brock Dahl
4
Plaintiffs,
vs.
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF AUSTIN LANG
I, AUSTIN LANG, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my boyfriend, BROCK DAHL.
2. I am 23 years old and live with my boyfriend in Fargo, North Dakota. I currently
work as an assistant manager at Holiday Station Stores.
3. I was born in Honolulu, Hawaii and later moved with my family and was raised in
1
Warroad, Minnesota. In 2009 I took a job transfer and moved to North Fargo, North
Dakota, where I also attended school.
4. I have known I am gay for as long as I can remember. I officially came out when I
was 15 years old; it was a very difficult experience that came just prior to my parents'
divorce. I couldn't' say the words, "I'm gay" out loud, and had to write them down on a
piece of paper in order to tell my mom. She cried, asked me not to tell people, explained
that she was worried I would be bullied, and asked if I wanted to see a counselor. It was
so difficult that I didn't think I could go through it again, so I asked my mom to tell my
dad. The next day in school I was extremely anxious. I felt ill. My dad came to get me.
He brought me home in silence but once we got inside he have me the biggest hug. He
held me for a long time and told me how much he loved me and how proud he was of me.
We both cried. Growing up, I didn't have the closest relationship with my dad. Honestly,
But at that moment, our relationship changed. We are now very close.
5. I graduated from Warroad Senior High School in Warroad, MN. I moved to Fargo
m July of 2009 to attend Minnesota State Community and Technical College in
Moorhead. I attended MSCTC for two years but did not graduate. I became an assistant
manager at Holiday Station Stores in November of 2011. In July 2012, I left Holiday to
work at US Bank in Cardmember Services. I left US Bank in April 2013 and went back
to Holiday, where I presently work as an assistant manager
6. In 2011, Brock's sister began working with me. Brock, who stayed in touch with
his sister, jokingly mentioned that she should find him a boyfriend since she was in Fargo
and Brock was still in the Drayton area. Two days later, Brock's sister introduced Brock
and me via text message. After great conversation, about one week later, we agreed to
2
meet halfway in Grand Forks, North Dakota. There, we had their first date at the Blue
Moose Bar and Grill. For many months, we continued to date, taking turns making the
long two-hour drive to see each other every few weekends. In 2012, in order to be closer
to me, Brock decided to find a new job and moved to Fargo. We then became even closer,
eventually falling in love.
7. One of the happiest days I can remember is the morning of November 16, 2013,
when I woke up with a ring on my finger. Brock was waiting there eagerly and asked for
my hand in marriage, I couldn't say "yes!" fast enough.
8. We are legally qualified to marry under North Dakota law, but for the fact that we
are the same sex. We are both of sound mind and capable of consent. We are both over
the age of 18. Neither of us have a living spouse of a previous undissolved marriage. We
are not related to each other within the prohibited degrees of blood or marriage. We were
and are willing to provide the information to receive a marriage license and to pay the
required fee. We are able and eager to assume the responsibilities of marriage. Yet, when
we applied for a marriage license at the Cass County Treasurer's Office on June 4, 2014,
however, we were denied a marriage license simply because we were gay. The agent told
us, "We don' t do same-sex marriages in North Dakota."
9. Brock and I remain active within the community. We love to fish, travel, golf,
garden, spend time with our cats, watch various television series and sitcoms, do various
handy work, and, spend time with each other. We also love North Dakota, and we don' t
want to leave the state. We both love the unique beauty of the river valley and the
stability of the job market and general economy in the state. Our lives are centered in
North Dakota, which also contains our friends, careers, family, many friendly people, and
3
so much more. We want to grow with the state, but we are hurt that our engagement
cannot become a marriage in the state we both love and cherish.
10. We both want to be married because of the love and the commitment that we
share for each other. We want to express our devotion towards one another and toward
being a family unit in our larger community and society. We have talked about having
children together, and we want to be sure that if we do so that we can provide our family
as much protection, dignity, legitimacy, and respect as possible. It hurts us that we cannot
marry in North Dakota and we do not want to have to leave our home in order to be
married.
4
Plaintiffs,
vs.
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF MICHELE HARMON
I, MICHELE "MICKEY" HARMON, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my wife, JOY HAARSTICK. I
have personal knowledge of the matters stated in this Declaration and could and
would competently testify to these facts.
2. I am 56 years old and live with my wife in Erhard, Minnesota. I am a Captain as
1
the Cass County Sheriff's Office in Fargo, North Dakota, where I have worked for 26
years.
3. I was born and raised in Minot, North Dakota before moving to Fargo in 1986. I
eventually moved over the border to Erhard, but I still see myself as a North Dakotan.
I often visit my family and friends in the Minot and surrounding area.
4. I attended Minot High School and attended North Dakota State University for a
year. I am a graduate of the North Dakota Peace Officer Police Academy and have a
couple thousand hours of training.
5. I have always known that I am a lesbian but I didn't fully accept it and officially
"come out" until I was 43 years old, when I felt I could no longer live a lie. Being
raised Catholic, I felt pressured to keep that part of me hidden. Accordingly, I married
a man and had children. Eventually, I came to accept that my attraction to women was
an integral part of who I am, and I came out to family and friends 13 years ago. All of
my children are now adults, and I am proud of the very strong relationship Joy and
me have with them.
6. I love music! I play the guitar, the banjo, the piano, the button accordion,
bagpipes, and really any musical instrument I can get my hands on. I also love to
sing, fish, and to ride around the lakes country on my motorcycle.
7. I met Joy in April 2001 via an Internet dating site. We chatted briefly online and
eventually met face to face for coffee in Moorhead, Minnesota. We instantly fell in
love. I knew from the moment I saw Joy that she was a perpetual breath of fresh air
and someone that I could easily talk to about anything. We both quickly realized we
2
were meant to be together and have been living together ever since.
8. In 2011, as Minnesota was beginning an excruciatingly painful discussion about
whether to constitutionally bar same-sex couples from marriage, we traveled to Iowa.
There, after spending a decade together, Joy and I expressed our love and
commitment to each other and were lawfully married. Upon returning to work in
North Dakota, however, I discovered that our marriage means nothing to the state that
I have dutifully served and protected as a police office for nearly three decades.
Although Cass County offers health benefits to its employees and families, when I
asked if Joy could be added to my health plan as her spouse, North Dakota officials
told me told that North Dakota did not consider Joy my spouse and therefore, no, she
could not be added. Joy and I were both extremely hurt and disappointed by the
denial of the health insurance benefit. Being told that the State didn't consider us
spouses was very painful. Furthermore, if Joy could be added to my health insurance,
it would save us over $6000 per year in health insurance premiums. With Joy set on
retiring next year, North Dakota's refusal to include her on my health insurance plan
seriously hurts our family. In addition to being denied health insurance benefits, I am
informed and understand that if I was to be killed in the line of duty while protecting
North Dakota, or to die before Joy during retirement, unlike different-sex spouses,
Joy would not be eligible for state survivor benefits that similarly situated different-
sex relationships would be eligible for.
9. I enjoy being active in the community and am looking forward to retirement,
which will allow me more time to be involved. In addition to teaching at the Cass
3
County Citizen's Academy and serving on the board of my church, I stay active in
politics and serve as an election judge. I plan to volunteer at the Humane Society
when I retire.
10. Joy and I want our marriage to be recognized in North Dakota. We want our
friends and extended family and others to know that our family is as important as the
families they know with different-sex spouses. We want to be treated as equal,
respected, and participating members of society.
DATED this __ day of July 2014.
4
Plaintiffs,
vs.
Health Officer; and CHARLOTTE SAND VIK,
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF JOY HAARSTICK
I, JOY HAARSTICK, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my wife, MICHELE
"MICKEY" HARMON. I have personal knowledge of the matters stated in this
Declaration and could and would competently testify to these facts.
2. I am 60 years old and live with my wife in Erhard, Minnesota. I currently work at
1
Minnesota State University in Moorhead, Minnesota.
3. I was born in Fergus Falls, Minnesota and grew up in rural Erhard. I have also
spent years living in South Dakota, Montana, and Washington. I was brought back in
1990 when my parents became ill, and have remained here since.
4. I attended Pelican Rapids High School and obtained by bachelor's degree in
chemistry at Minnesota State University in Moorhead, Minnesota.
5. I have known I am a lesbian for as long as I can remember. I never had a
traditional "corning out" experience. While my sexuality doesn't define me, is an
integral part of who I am, and I have lived my life openly in that regard. I have
surrounded myself with supportive friends and family.
6. I am very interested in construction and design. In fact, I designed and built our
home. I am excited to retire, as it will afford me the opportunity to become more
involved in the community.
7. I met Mickey in April 2001 via an Internet dating site. We chatted briefly online
and eventually met face to face for coffee in Moorhead, Minnesota. We both quicldy
realized we were meant to be together and have been living together ever since.
8. In 2011, as Minnesota was beginning an excruciatingly painful discussion about
whether to constitutionally bar same-sex couples from marriage, we traveled to Iowa.
There, after spending a decade together, Mickey and I expressed our love and
commitment to each other and were lawfully married. Upon Mickey's return to work
in North Dakota, however, we discovered that our marriage means nothing to the state
that Mickey has dutifully served and protected as a police office for nearly three
2
decades. Although Cass County offers health benefits to its employees and families,
when Mickey asked if I could be added to her health plan as her spouse, North
Dakota officials told us told that North Dakota does not consider me to be her spouse
and therefore, no, I could not be added. Mickey and I were both extremely hurt and
disappointed by the denial of the health insurance benefit. Being told that the State
didn't consider us spouses was very painful. Furthermore, if I could be added to
Mickey's health insurance, it would save us over $6000 per year in health insurance
premiums. With me set on retiring next year, North Dakota's refusal to include me on
her health insurance plan seriously hurts our family. In addition to being denied health
insurance benefits, I am informed and understand that if Mickey was to be killed in
the line of duty while protecting North Dakota, or to die before me during retirement,
unlike different-sex spouses, I would not be eligible for state survivor benefits that
similarly situated different-sex relationships would be eligible for.
9. Mickey and I want our marriage to be recognized in North Dakota. We want our
friends and extended family and others to know that our family is as important as the
families they know with different-sex spouses. We want to be treated as equal,
respected, and participating members of society.
I sign this Declaration under penalty of perjury under the laws of the States of
North Dakota and Minnesota, and the laws of United States.
DATED this_ day of July 2014.
3
Plaintiffs,
vs.
RAUSCHENBERG ER, in his official capacity
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
DECLARATION OF PLAINTIFF BERi"<IE ERICKSON
I, BERNIE ERICKSON, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my husband, DAVID
HAMILTON. I have personal knowledge of the matters stated in this Declaration and
could and would competently testify to these facts.
2. I am 51 years old and live with my husband in Fargo, North Dakota. We have 4
children together, and we couldn't be more proud of them. Currently, I work as a realtor
in the Fargo area.
3. I am originally from rural northwestern Minnesota. I lived there for most of my
young life before attending college.
4. For as long as I can remember, I've been attracted to men. I didn't fully accept
that I was gay for many years, however, and I married a woman and had children. I
officially came out when I was 36 years old after my divorce. For a number of years, my
parents had a very difficult time with my being gay. I have worked hard to keep a close
relationship with my family and friends and have fought to prevent my being gay from
being an issue in that regard.
5. I ~ a r e e at Minnesota State University in Moorhead,
~ 'f/4,f) 1c:-&
which led me to the corporate retail in '1 After a successful career in retail, I decided
to make a career change, moved to both Bismarck and Minneapolis briefly, and
eventually settled in Fargo. It is here that I decided to start up as a realtor and sell homes
to families.
6. David and I have been in a committed relationship for over 12 years now. We met
by chance in 2002 and, shortly thereafter, began dating. We soon fell in love and in 2005
decided to move in with each other. On August 11, 2006, with our parents, children, and
closest friends in attendance, we were lawfully married in Winnipeg, Manitoba, Canada.
The next evening, we held a reception at our home in Fargo.
7. Together, we have four adult children. Our oldest son is an operations manager
with a national hotel chain currently. Our second oldest son attended North Dakota State
University and is a civil engineer for the United States Department of Defense. Our
Oldest daughter is pursuing a doctorate in veterinary medicine at Iowa State University,
where she currently ranks in the top of her class. Our youngest daughter is soon
2
beginning graduate studies at Bethel College.
8. We enjoy spending as much time together as possible. We particularly enjoy
traveling together, to both foreign and domestic destinations. David loves to cook and I
love to decorate our home. When David isn't traveling around the country to sing, we
enjoy relaxing at home and watching television. We also both like to work on stained
glass, although we've discovered that we must to do separately, else we bicker about each
other's techniques.
9. It is important to us that North Dakota recognize our maniage for several reasons.
We want to jointly file our state tax returns like our different-sex coupled friends are
allowed to do; we want to protect the life we have been building together and to be sure
that end of life planning decisions, including the transfer of assets, available survivorship
benefits, and all of the other rights, benefits, protections, and responsibilities available by
law for maniage are secured for us. We are certain that our relationship has allowed us to
be even more of a positive contribution to our state, and we strongly believe that maniage
is a positive and stabilizing force for raising a family. We also wish to be seen as a loving
and committed couple without having to explain our relationship to others.
North Dakota and the laws of United States.
3
DocuSign Envelope ID: E9FC766A-C232-45ED-92F4-D86973D79E4A
Ramsay v. Dalrymple, 3:14-CV-57-RRE-KKK
Ex. 21 Supporting Pls Motion for SJ


lN THE UNITED STATES DISTRICT COURT
Plaintiffs,
vs.
as Governor: WAYNE STENEHJEM, in his
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
DECLARATION OF PLAINTIFF MATTHEW LEE ELMORE
I, MATTHEW LEE ELMORE, hereby declare and state as follows:
!. I am one of the Plaintiffs in this action, along with my husband, BEAU THOMAS
DOWNEY. I have personal knowledge of the matters stated in this Declaration and could
and would competently testify to these facts.
2. I am currently 25 years old and live with my husband in Minot, North Dakota. I
am a banker for Wells Fargo.
3. I was born in Stanford, Kentucky and grew up in Hustonville, Kentucky. I went to
p 1/4

Lincoln County High School and after graduation went on to study vocal perfonnance in
college, where I met Beau.
4. For as long as I can remember. I have always known that I was attracted to men
and that I am gay. Although I never had a coming out experience in a traditional sense, I
am proud of who I am and am especially proud of my husband and am open about my
sexuality. There were some bumps in the road with family when I initially told them. but
I have successfully sought to prevent my being gay from defining my life or my
relationship with Beau.
5. I met Beau in 2012 while I was performing in his favorite musical. After the show,
he asked me if I'd like to have coffee. A few days later, we had our first date, which
lasted for hours as we talked and talked. We learned how much we had in common,
adored each other's sense of humor, and felt incredibly content in each other's presence.
We began dating soon thereafter and discovered that we lived only two streets apart. We
became inseparable.
6. After college, I was a music, youth, and children's minister for two years. The
church I worked for wouldn't accept me due to my being gay, so I left that job that I
loved and left Beau, who moved to California, and I moved to New York for a few
months to audition as much as I could. While there, being away from Beau was
extremely difficult, so I eventually moved with him to California and then North Dakota.
Here in North Dakota, I worked at AT&T for six months and then switched to Wells
Fargo, where I currently work as a personal banker. I hope to expand my career at Wells
Fargo into the areas of business and private licensed banking.
7. Before our move to North Dakota, Beau proposed to me on a California beach
p 2/4

with an old skeleton key. The key (we chose not to use rings) was a metaphor for all the
keys we would own together in the future. Filled with joy, I accepted. Befol'e we moved,
we were lawfully manied by the State of California in October 2013; we have plans for a
much larger ceremony and reception with friends and family next year.
8. Filled with optimism about our future, we started shopping for a home as soon as
we moved to North Dakota. We were crushed to find out that unlike our friends in
different-sex marriages, we were not eligible for a co-owned home under Beau's VA loan.
Due to the fact that VA mortgage regulations are based off of state law, which considers
us strangers to one another, we were denied the opportunity to own our first home
together. If we had been allowed to apply as the married couple that we are, we may have
been eligible for a higher loan amount and interest rate.
9. We love spending time with each other and with our friends. We are both musical
theater nerds and are currently collecting playbills from shows we've seen together. We
love working on our home and yard together and are constantly planning trips. We cannot
wait to travel the world on our honeymoon. We have adopted a dog and are preparing to
adopt another one soon. We have also been talking about the possibility of having
children together.
10. We want our lawful marriage to be recognized by the State of North Dakota for a
number of reasons. We are worried about protections for each other and want our
relationship to be seen as equal; we want to file a joint State tax return; we want to be
held to the same level ofresponsibility that different-sex spouses are held; we want North
Dakota to see us as the loving and committed couple that we are. Furthem10re, we are
worried about the implications of having children in a state that doesn't recognize our
p 3/4

p 4/4
marriage. We are concerned about problems that could arise in attempting to adopt, use a
surrogate, etc. We are just starting our lives together and it pains us that the state we live
in due to Beau's military service treats us like second-class citizens.
DATED this'Zf.day of July 2014.
--/Jl;a;uLv f?.s
Matthew Lee Elmore
Plaintiffs,
vs.
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
DECLARATION OF PLAINTIFF BEAU THOMAS DOWNEY
I, BEAU THOMAS DOWNEY, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my husband, MATTHEW LEE
ELMORE. I have personal knowledge of the matters stated in this Declaration and could
and would competently testify to these facts.
2. I am currently 23 years old and live with my husband in Minot, North Dakota,
where I was also born. Like my father did, I serve in the Untied States Air Force.
3. I grew up on and near Scott Air Force Base in Illinois. I lived there and attended
high school there until my departure for college at the University of Kentucky, where I
obtained my bachelor's degree in international studies with a focus on Russian. While I
studied in Kentucky, I spent a summer abroad in Kiev, Ukraine. After college, I lived in
California for Air Force Training and moved to Minot in 2013 with Matt when I was
stationed here for the Air Force. I presently work as a missileer (someone who works
with missiles, including nuclear missiles).
4. After I am done serving in the Air Force, I am interested in getting involved
with a non-governmental organization or a non-profit to help with LGBT rights in
eastern Europe. My time spent there allowed me an opportunity to see the state
of LGBT rights there, and they definitely need help in that area. Before that, I will
likely go back to school to get a master's degree.
5. I have known for as long as I can remember that I was attracted to men.
However, like many people, I could not rationalize the implications of this. I came
to terms with it around my freshman year of college after many years of trying to
be "straight." But, I was unable to actually come out because I was on an Air
Force scholarship at the University of Kentucky, and the Don't Ask, Don't Tell
(DADT) policy would have required me to forfeit my scholarship if I had come out
at the time. In October of 2011, when DADT was repealed, I was finally free to
tell my parents. My mother was not surprised but my father needed some time to
process it. It is almost indescribable what it feels like to let that off of your
shoulders; I didn't realize the magnitude of coming out until it happened In
general, I feel like I had a very easy coming out compared to others I know and
have heard of who were shunned by friends or family.
6. I first saw Matt in college in 2012. I was attending my favorite musical one
evening with my best friend and Matt was performing. During the show, the moment I
heard his voice and saw him singing, I turned to my friend and said, "I think I'm in love. "
After the show, I asked Matt if he'd like to get coffee sometime. A few days later, we had
our first date, which lasted for hours as we talked and talked. We learned how much we
had in common, adored each other's sense of humor, and felt incredibly content in each
other's presence. We began dating soon thereafter and discovered that we lived only two
streets apart.
7. For a brief time, Matt and I spent our lives apart. I had to move to California for
Air Force training and Matt decided to move to New York. This didn' t last long however,
as being apart from each other was extremely difficult. After a few months, Matt moved
to California to be with me. I eventually received my orders transferring me to Minot.
8. Before our move to North Dakota, I proposed to Beau on a California beach with
an old skeleton key. The key (we had talked about not using rings) was a metaphor for all
the keys we will own together in the future. I was ecstatic when Matt agreed to marry me.
Before we moved, we were lawfully married by the State of California in October 2013;
we have plans for a much larger ceremony and reception with friends and family next
year.
9. Filled with optimism about our future, we started shopping for a home as soon as
we moved to North Dakota. We were crushed to find out that unlike our friends in
different-sex marriages, we were not eligible for a co-owned home under my VA loan.
Due to the fact that VA mortgage regulations are based off of state law, which considers
us strangers to one another, we were denied the opportunity to own our first home
together. If we had been allowed to apply as the married couple that we are, we may have
been eligible for a higher loan amount and interest rate.
10. We love spending time with each other and with our friends. We are both musical
theater nerds and are currently collecting playbills from shows we've seen together. We
love working on our home and yard together and are constantly planning trips. We cannot
wait to travel the world on our honeymoon. We have adopted a dog and are preparing to
adopt another one soon. We have also been talking about the possibility of having
children together.
11. We want our lawful marriage to be recognized by the State of North Dakota for a
number of reasons. We are worried about protections for each other and want our
relationship to be seen as equal; we want to file a joint State tax return; we want to be
held to the same level of responsibility that different-sex spouses are held; we want North
Dakota to see us as the loving and committed couple that we are. Furthermore, we are
worried about the implications of having children in a state that doesn't recognize our
marriage. We are concerned about problems that could arise in attempting to adopt, use a
surrogate, etc. We are just starting our lives together and it pains us that the state we live
in due to my military service, the state that I was born in, treats us like second-class
citizens.
DATED of July 2014.
Plaintiffs,
vs.
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF STEPHANIE BOCK
I, STEPHANIE BOCK, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my wife, SIANA BOCK. I
have personal knowledge of the matters stated in this Declaration and could and would
2. I am currently 24 years old and I live in Oakes North Dakota with my wife Siana.
3. I was born in Burnsville, Minnesota and mostly grew up in Farmington,
Minnesota. I moved to Oakes in high school and attended Oakes High School, where I
1
Ramsay v. Daugaaid 3:14-CV-37-RRE-KKK
Ex. 24 Suppoiting Pls' Motion foi SJ
graduated. I subsequently attended Minnesota State Community and Technical College,
now M State, in Moorhead for culinary arts, although I never completed my degree.
4. I am very interested in crafts such as crocheting, crayon art, and other carious
ideas I find online. I also love spending time with our nephew, taking him on walks,
playing with bubbles and chalk, and more. I adore family.
5. Siana and I met through an online dating website. It was in March 2011 when we
first 'connected' and started exchanging messages. After only a few weeks of talking we
decided to meet up and have our first date. I immediately fell in love with Siana and we
began dating. We quickly learned that we both love to travel. For some of our first dates,
we would travel to Minneapolis, Minnesota and Sioux City, Iowa for various nightlife
and concert events. In addition to traveling and going to concerts, we enjoy going to the
zoo, going bowling, and having late night conversations with our friends.
6. After a year and a half of dating, in 2012, Siana and me traveled to Huntington
Beach, California for a weeklong vacation. On our first day there, on the Pier on
Huntington Beach, I slowly walked up to Siana, ring in hand, got down on one knee and
nervously asked her to marry me. I was nervous and forgot the speech I had planned, but
I was so incredibly happy in the moment she responded, "Seriously? Yes!"
7. On March 8, 2013, Siana and me were lawfully married in Sioux City, Iowa. We
saw it as the official start of our lives together, and were incredibly happy. As we left
Iowa and traveled the Dakotas home, however, we were sad to realize North Dakota
would not see us as wife and wife. Upon arrival home, that reality soon became more real.
In the year and three months since our marriage, we have faced challenges at the doctor's
office, at our jobs, on our tax forms, and more. North Dakota' s refusal to let our marriage
2
I
be seen with the dignity and respect of different-sex couples bewilders us, as see
ourselves just like most families in North Dakota.
8. We are excitedly awaiting the arrival of our son, K. J. B., who we plan to adopt
upon his birth in a couple months. We plan to raise K.J.B. like other families raise their
children-to respect his elders, to abide by the golden rule, to understand that life is best
lived by loving others, and to have an open mind toward the world and other people. We
re excited to play baseball with our son, to take him swimming, fishing and golfing, and
to build snowmen and make snow angels with him. We plan to dry his tears and kiss his
wounds, to help him with his homework, to teach him to drive, and to teach him how to
love unconditionally as we already do for him. Yet, we are uncertain about whether our
family will be protected, as we are informed and understand that North Dakota's adoption
laws are unclear as they relate to same-sex couples and their adopted children. This
scares us, as we plan to dedicate our lives to our son and would be terribly upset if North
Dakota's laws regarding recognition of our marriage prevented our relationship to each
other and our son from being protected and recognized the same as families with
different-sex couples.
9. Having our marriage recognized in our State is important to us, especially as we
prepare for having children. We want to be sure that adequate legal protections are
available for our family. The State's refusal to recognize our marriage hurts us and
burdens our family in many ways. For example, unlike different-sex couples, we are
forced to go through the onerous process of filing separate state tax returns, causing us to
pay more in taxes than a different-sex couple in the same position would have to pay. The
money we would save from being able to file jointly as a married couple would allow us
3
I
to set aside money for our son, making the State's refusal to recognize our marriage
especially painful for us. We also worry about having our son in North Dakota because of
the stigma and lack of protections we and our son will face due to North Dakota's refusal
to recognize our marriage.
DATED this22 day of July 2014.
4
I
CELESTE and ANIBER CARLSON
Plaintiffs,
vs.
Treasurer,
Defendant.
CASE NO. 3:14-CV-57
I
DECLARATION OF PLAINTIFF SIANA BOCK
I, SIANA BOCK, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my wife, STEPHANIE BOCK.
2. I am currently 25 years old and I live in Oakes, North Dakota, with my wife
Stephanie. I am a group manager at ALCO Stores in Oakes.
3. I was born and raised in Fargo, North Dakota. I went to high school in Fargo and
1
I
completed a few semesters of school at Minnesota State Community and Technical
College, now M State, in Moorhead.
4. I have worked at several retail stores and gas stations. I previous! y worked as a
Mental Health Technician with the Dacotah Foundation, which I really enjoyed. I am
presently a group manager at ALCO Stores here in Oakes. I was promoted to this position
shortly after being hired as an associate. Eventually, I hope to either work as a counselor
for troubled children or to work with animals, For now, I am working hard in my current
position and am striving to become a store manager.
5. I love music and especially love going to concerts. I also like going to the movies
or watching at home with family. On cold or gloomy days, I enjoy relaxing with
Stephanie and doing puzzles. When it's nice out, I love going to the beach or to the lake.
6. I have long known that I am a lesbian. I officially came out in 10th grade when a
friend told everyone in my History class. I was treated terribly for several years in high
school. Other students hurled insults at me and I was constantly ridiculed over my
sexuality. It was a very painful experience.
7. Stephanie and I met through an online dating website. It was in March 2011 when
we first 'connected' and started exchanging messages. After only a few weeks oftalking
we decided to meet up and have our first date. I immediately fell in love with Stephanie
and we began dating. We quickly learned that we both love to travel. For some of our
first dates, we would travel to Minneapolis, Minnesota and Sioux City, Iowa for various
nightlife and concert events. In addition to traveling and going to concerts, we enjoy
going to the zoo, going bowling, and having late night conversations with our friends.
8. After a year and a half of dating, in 2012, Stephanie and me traveled to
2
I
Huntington Beach, California for a weeklong vacation. On our first day there, on the Pier
on Huntington Beach, Stephanie slowly walked up to me, ring in hand, got down on one
knee and nervously asked me if I would marry her. I was so incredibly happy in that
moment. I responded, "Seriously? Yes! "
9. On March 8, 2013, Stephanie and me were lawfully married in Sioux City, Iowa.
We saw it as the official start of our lives together, and were incredibly happy. As we left
Iowa and traveled the Dakotas home, however, we were sad to realize North Dakota
would not see us as wife and wife. Upon arrival home, that reality soon became more real.
In the year and three months since our marriage, we have faced challenges at the doctor' s
office, at our jobs, on our tax forms, and more. North Dakota' s refusal to let our marriage
be seen with the dignity and respect of different-sex couples bewilders us, as see
.ourselves just like most families in North Dakota.
10. We are excitedly awaiting the arrival of our son, K. J. B. , who we plan to adopt
upon his birth in a couple months. We plan to raise K.J.B. like other families raise their
children-to respect his elders, to abide by the golden rule, to understand that life is best
lived by loving others, and to have an open mind toward the world and other people. We
re excited to play baseball with our son, to take him swimming, fishing and golfing, and
to build snowmen and make snow angels with him. We plan to dry his tears and kiss his
wounds, to help him with his homework, to teach him to drive, and to teach him how to
love unconditionally as we already do for him. Yet, we are uncertain about whether our
family will b.e protected, as we are informed and understand that North Dakota's adoption
laws are unclear as they relate to same-sex couples and their adopted children. This
scares us, as we plan to dedicate our lives to our son and would be terribly upset if North
3
I
Dakota's laws regarding recognition of our marriage prevented our relationship to each
other and our son from being protected and recognized the same as families with
different-sex couples.
11 . Having our marriage recognized in our State is important to us, especially as we
prepare for having children. We want to be sure that adequate legal protections are
available for our family. The State's refusal to recognize our marriage hurts us and
burdens our family in many ways. For example, unlike different-sex couples, we are
forced to go through the onerous process of filing separate state tax returns, causing us to
pay more in taxes than a different-sex couple in the same position would have to pay. The
money we would save from being able to file jointly as a married couple would allow us
to set aside money for our son, making the State's refusal to recognize our marriage
especially painful for us. We also worry about having our son in North Dakota because of
the stigma and lack of protections we and our son will face due to North Dakota's refusal
to recognize our marriage.
DATED this 21day of July 2014.
~ G ~
Siana Bock
4

U S D C D N D: Ramsay, Et Al., Affidavit of Joshua A. Newville Supporting Plaintiffs' Motion For Summary Judgment

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

U S D C D N D: Ramsay, Et Al., Affidavit of Joshua A. Newville Supporting Plaintiffs' Motion For Summary Judgment

Uploaded by

Copyright:

Available Formats

UNITED STATES DISTRICT COURT

DISTRICT OF NORTH DAKOTA

You might also like