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Jennifer C. Pizer (Admitted pro hac vice)
Carmina Ocampo (Admitted pro hac vice)
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
4221 Wilshire Blvd., Suite 280
Los Angeles, California 90010
Telephone: 213.382.7600
Facsimile: 213.351.6050
Email: jpizer@lambdalegal.org
cocampo@lambdalegal.org

Paul F. Eckstein (Bar No. 001822)
Daniel C. Barr (Bar No. 010149)
Kirstin T. Eidenbach (Bar No. 027341)
Barry G. Stratford (Bar No. 029923)
Alexis E. Danneman (Bar No. 030478)
PERKINS COIE LLP
2901 North Central Avenue, Suite 2000
Phoenix, Arizona 85012-2788
Telephone: 602.351.8000
Facsimile: 602.648.7000
Email: PEckstein@perkinscoie.com
DBarr@perkinscoie.com
KEidenbach@perkinscoie.com
BStratford@perkinscoie.com
ADanneman@perkinscoie.com
DocketPHX@perkinscoie.com
Attorneys for Plaintiffs Nelda Majors, Karen
Bailey, David Larance, Kevin Patterson,
Michelle Teichner, Barbara Morrissey, Kathy
Young, Jessica Young, Kelli Olson, Jennifer
Hoefle Olson, Kent Burbank, Vicente Talanquer,
C.J. Castro-Byrd, Jess Castro-Byrd, Patrick
Ralph, Josefina Ahumada, and Equality Arizona
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Nelda Majors; Karen Bailey; David Larance;
Kevin Patterson; George Martinez; Fred
McQuire; Michelle Teichner; Barbara
Morrissey; Kathy Young; Jessica Young;
Kelli Olson; Jennifer Hoefle Olson; Kent
Burbank; Vicente Talanquer; C.J. Castro-
Byrd; Jess Castro-Byrd; Patrick Ralph;
Josefina Ahumada; and Equality Arizona,
Plaintiffs,
v.
Michael K. Jeanes, in his official capacity as
Clerk of the Superior Court of Maricopa
No: 2:14-cv-00518-JWS
DECLARATION OF JENNIFER
C. PIZER IN SUPPORT OF
MOTIONS FOR TEMPORARY
RESTRAINING ORDER AND
PRELIMINARY INJUNCTION
OF PLAINTIFF FRED
MCQUIRE
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County, Arizona; Will Humble, in his official
capacity as Director of the Department of
Health Services; and David Raber, in his
official capacity as Director of the Department
of Revenue,
Defendants.

Jennifer C. Pizer declares and states as follows:
1. I am licensed to practice law in the State of California and the State of New
York and have been admitted pro hac vice to serve as one of the counsel of record for
Plaintiffs in this action. I have personal knowledge of the matters stated in this
declaration and could and would so testify if called as a witness.
2. On Monday morning, August 25, 2014, my co-counsel, Carmina Ocampo,
told me that Plaintiff George Martinez had telephoned her the prior evening. She said he
had seemed in fairly good spirits and his health condition did not seem appreciably
changed from prior weeks. On Tuesday, August 26, 2014, we were alerted that George
had been taken to the hospital and was determined to be dehydrated, malnourished and in
pain. We were advised that he appeared to be responding well to treatment. On
Wednesday afternoon, August 27, 2014, we were informed that Georges condition had
worsened suddenly and it appeared he had little remaining time to live.
3. On Wednesday at approximately 6:00 pm, I left a telephone voice message
for defense counsel, Special Assistant Attorney General Jim Campbell, asking that he call
me or co-counsel at his earliest convenience. I followed that voice message with an email
conveying the same request, on which I also copied Assistant Attorney General Kathleen
Sweeney.
4. After 1:00 am on Thursday, August 28, 2014, I received an email from
Mr. Campbell saying he would telephone in the morning. I responded with an email,
copying Ms. Sweeney, explaining the sudden decline in Mr. Martinezs condition and that
we had decided to seek a temporary restraining order seeking the relief requested in the
motion of Plaintiffs George Martinez and Fred McQuire for a preliminary injunction, filed
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August 14, 2014, including that the marriage of George and Fred be declared valid for all
purposes under Arizona law including preparation and issuance of a death certificate. I
asked if the State would agree not to oppose the limited requested relief.
5. Mr. Campbell responded that he would discuss our request with co-counsel
and respond in the morning.
6. I emailed Ms. Sweeney and Mr. Campbell at approximately 8:00 am
Thursday morning to inquire as to the States position on our anticipated motion and to
renew our request that the State not oppose it.
7. Approximately one hour later, I received word that George had already
passed away at approximately 1:30 am that morning.
8. I received an email from Ms. Sweeney shortly thereafter requesting an
explanation of what the effects would be for Fred if George were to die without a
temporary restraining order in place, and whether survivor benefits for Fred could not be
addressed retroactively following eventual success on the merits.
9. I responded by email and informed Ms. Sweeney and Mr. Campbell that
George had already died and that we were revising our TRO motion papers accordingly. I
also explained that Fred now needed the TRO to prevent the irreparable dignitary harm
and practical issues related to the preparation and issuance of Georges death certificate as
required by Arizona law, which would inaccurately identify George as having never
married, and would omit Fred as Georges surviving spouse. Omission of Fred from the
death certificate would thwart Freds ability to apply for survivor benefits as Georges
surviving spouse, which would leave Fred unable to afford to remain in the couples
home. I pointed out that the loss of ones home is irreparable and noted that these issues,
which had become more urgent with Georges passing, were explained in detail in the
August 14, 2014 preliminary injunction motion. I again asked whether the State would
agree not to oppose our request for a TRO limited to preparation and issuance of the death
certificate.
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10. Ms. Sweeney responded at approximately 12:30 pm that the State was still
considering our request. I emailed Ms. Sweeney twice that afternoon expressing
appreciation for their consideration and asking for their status.
11. Ms. Sweeney telephoned at approximately 4:20 pm and reported that the
State would not agree to not oppose our motion. We discussed at some length potential
phrasing of a limited agreement that would confirm the States non-acquiescence on the
merits but agreement to not oppose one or more elements of the test for a temporary
restraining order, such as the existence of dignitary harm from being omitted from the
death certificate of ones deceased spouse. The discussion did not yield any agreement.
12. I indicated to Ms. Sweeney that Plaintiffs likely would go forward with a
motion for a a temporary restraining order as described but that the timing was uncertain
due to the suddenness of Georges death, the need to gather additional information from
Fred who was overwhelmed and distraught, and the fact that it was the beginning of a
holiday weekend and there probably would be delays obtaining benefits and financial
information.

I, Jennifer C. Pizer, declare under penalty of perjury that the foregoing is true and
correct and that this declaration was completed and signed on the 2nd day of September,
2014, at Los Angeles, California.

s/ Jennifer C. Pizer
Jennifer C. Pizer
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CERTIFICATE OF SERVICE
I hereby certify that on September 2, 2014, I electronically transmitted the
attached documents to the Clerks Office using the CM/ECF System for filing and
transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
Robert L. Ellman: robert.ellman@azag.gov
Kathleen P. Sweeney: kathleen.sweeney@azag.gov
Bryon Babione: BBabione@alliancedefendingfreedome.org
Jonathan Caleb Dalton: CDalton@alliancedefendingfreedom.org
James A Campbell: jcampbell@alliancedefendingfreedom.org
Kenneth J. Connelly: kconnelly@alliancedefendingfreedom.org

I hereby certify that on September 2, 2014, I served the attached document
by first class mail on Honorable John W. Sedwick, United States District Court, Federal
Building and United States Courthouse, 222 West 7th Avenue, Box 32, Anchorage,
Alaska 99513-9513.
s/ D. Freouf
Case 2:14-cv-00518-JWS Document 65 Filed 09/02/14 Page 5 of 5