2 (2) Interrogatory 2 cannot lead to the discovery of relevant information because the anti-gay sex education law is wholly unrelated to the anti-gay marriage laws challenged in this lawsuit (the Sanctity Laws); and (3) the State Defendants have no way of knowing what motivated the legislature to enact the anti-gay sex education law (a matter about which Interrogatory 2 does not inquire). None of those reasons is sufficient to defeat the State Defendants’ obligation to respond to Interrogatory 2. The Court should grant the Motion To Compel.
The State Defendants Are Empowered To Respond to Interrogatory 2.
First, it simply is not true that the State Defendants are, in their official capacities, as Defendants in this lawsuit, unable to respond to Interrogatory 2 for lack of authority. The Attorney General is statutorily designated to litigate cases on behalf of state officers, including the Governor, sued in their individual capacities, such as in the present case. Ala. Code § 36-15-1(2) (The Attorney General “shall appear in the courts of . . . the United States, in any case in which the state may be interested in the result.”); Ala. Code § 36-15-12 (“The Attorney General is authorized to institute and prosecute, in the name of the state, all civil actions and other proceedings necessary to protect the rights and interests of the state.”). The Attorney General’s “powers, duties, and authority heretofore granted or authorized by the constitution, statutory law, or the common law” are, according to statute, broadly construed. Ala. Code § 36-15-1.1 (“Nothing contained in this article shall be construed so as to in any way restrict, limit or abridge the powers, duties, or authority of the Attorney General as heretofore authorized by the constitution, statutory law, or the common law.”); Mobil Oil Corp. v. Kelley, 353 F. Supp. 582, 586 (S.D. Ala. 1973) aff’d, 493 F.2d 784 (5th Cir. 1974) (“The Attorney General . . . has wide discretion in determining what actions he should take” in
Case 2:13-cv-00922-WKW-SRW Document 54 Filed 08/07/14 Page 2 of 8