Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 1 of 10

Tracy L. Zubrod
ZUBROD LAW OFFICE, PC
219 East 18th Street
Cheyenne, WY 82001
Telephone: (307) 778-2557
Facsimile: (307) 778-8225
Email: zubrod@aol.com
L. James Lyman
Thomas W. Stoever, Jr.
ARNOLD & PORTER LLP
370 Seventeenth Street, Suite 4400
Denver, Colorado 80202-1370
Telephone: (303) 863-1000
Facsimile: (303) 832-0428
Email: james.lyman@aporter.com
Qusair Mohamedbhai
Arash Jahanian
RATHOD MOHAMEDBHAI LLC
1518 Blake Street
Denver, CO 80202
Telephone: (303) 578-4400
Facsimile: (303) 578-4401
Email: qm@rmlawyers.com
Shannon P. Minter
Christopher F. Stoll
NATIONAL CENTER FOR
LESBIAN RIGHTS
870 Market Street, Suite 370
San Francisco, CA 94102
Telephone: (415) 365-1335
Facsimile: (415) 392-8442
Email: sminter@nclrights.org
Attorneys for Plaintiffs

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 2 of 10

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

)
)
)
Anne Marie Guzzo and Bonnie Robinson;
)
Ivan Williams and Charles Killion;
)
Brie Barth and Shelly Montgomery;
)
Carl Oleson and Rob Johnston; and
)
Wyoming Equality,
)
)
v.
) Case No. 14-cv-00200-SWS
)
Defendants,
)
)
Matthew H. Mead, in his official capacity
)
as the Governor of Wyoming; Dean Fausset, in his official
)
capacity as Director of the Wyoming Department of
)
Administration and Information; Dave Urquidez, in his
)
official capacity as Administrator of the State of Wyoming
)
Human Resources Division; and Debra K. Lathrop, in her
)
official capacity as Laramie County Clerk,
)
_____________________________________________________________________________
Plaintiffs,

PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS

__________________________________________________________________
Plaintiffs Anne Marie Guzzo, Bonnie Robinson, Ivan Williams, Charles Killion, Brie
Barth, Shelly Montgomery, Carl Oleson, Rob Johnston, and Wyoming Equality (collectively
Plaintiffs) hereby move this Court for an order granting them judgment on the pleadings
pursuant to Federal Rules of Civil Procedure 12(c).

STANDARD
Judgment on the pleadings is appropriate only when the moving party has clearly
established that no material issue of fact remains to be resolved and the party is entitled to
judgment as a matter of law. Sanders v. Mountain American Federal Credit Union, 689 F.3d
1138, 1141 (10th Cir. 2012) (internal quotations and citations omitted). In this case, the

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 3 of 10

pleadings are closed, Defendants have admitted all of the material facts alleged by Plaintiffs, and
Plaintiffs are entitled to judgment as a matter of law.

ARGUMENT
Plaintiffs filed their Complaint for Declaratory and Injunctive Relief on October 7, 2014
[Dkt. 1]. Defendant Debra Lathrop filed her answer on October 24, 2014 [Dkt. 48]. Defendants
Mead, Fausset, and Urquidez (State Defendants) filed their answer on November 7, 2014 [Dkt.
53].
In their Complaint, Plaintiffs allege that they are denied their right to marry, or to have
their valid marriages recognized in Wyoming on the basis of Wyoming Statute 20-1-101.
Plaintiffs further allege that the statute, and other state policy or practice that limits marriage to
opposite-sex couples, violates the Equal Protection and Due Process Clauses of the Fourteenth
Amendment to the United States Constitution and is, therefore, invalid.
In their answer to Plaintiffs Complaint, the State Defendants admit that laws, policies, pr
practices prohibiting same-sex couples from marrying, or refusing to recognize the marriages of
same-sex couples performed in other jurisdictions are unconstitutional. See Answer 1, 5, 8,
1012, 1417, 37, 4142, 47, 49, 50, 52, 53, 5862, 63. Further, the State Defendants admit that
they are responsible for the administration of certain Wyoming statutes, regulations, and laws.
Answer 32. Having admitted that Wyomings statutes, regulations, policies, and practices that
discriminate between same gender and opposite gender couples are unconstitutional, and having
admitted that they are responsible for the enforcement of Wyomings laws, there are no material
disputes between Plaintiffs and the State Defendants about the facts of the case or that Plaintiffs
are entitled to judgment as a matter of law. The State Defendants concede as much in their own
motion for judgment on the pleadings. See Docket No. 54.

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The only difference between the parties at this stage in the litigation is the form of the
judgment the Court should enter to resolve this case. The State Defendants have asked the Court
to enter a judgment that would bear on the State Defendants only, and that will not address all of
the bases for declaratory and injunctive relief sought by Plaintiffs. Plaintiffs are concerned that
the judgment proposed by the State Defendants is not designed to, nor will it, resolve with
finality and certainty all of the issues raised in Plaintiffs Complaint. Moreover, Plaintiffs are
concerned that two separate judgments, one for the State Defendants and another for Defendant
Lahtrop, will result in inconsistent interpretations and applications.
For these reasons, Plaintiffs ask the Court to enter a judgment against all Defendants that
grants the relief laid out in Plaintiffs Complaint. Specifically, Plaintiffs ask that the Court enter
a judgment:

Declaring that the provisions of and enforcement by Defendants of Wyomings

laws excluding same-sex couples from marriage, including Wyoming Statute
Section 20-1-101, and any other sources of state law or practice that excludes
same-sex couples from marrying, violate the Plaintiffs rights under the Due
Process and Equal Protection Clauses of the United States Constitution and 42
U.S.C. 1983;

Declaring that the practice, by the Wyoming Defendants and their subordinates,
of refusing to recognize the valid out-of-state marriages of the married Plaintiffs
and other legally married same-sex couples violates Plaintiffs rights under the
Due Process and Equal Protection Clauses of the United States Constitution and
42 U.S.C. 1983;

Declaring that the Married Plaintiffs marriages are valid in the State of
Wyoming, in accordance with Wyoming Section 20-1-111;

Permanently enjoining enforcement by Defendants of Wyoming Statute Section

20-1-101 and any other sources of state law, policy, or practice that exclude the
Unmarried Plaintiffs from marriage or that refuse recognition of the marriages of
the Married Plaintiffs;

Requiring defendants to issue or permit issuance of marriage licenses to the

Unmarried Plaintiffs, pursuant to the same restrictions and limitations applicable
to opposite-sex couples and without regard to the gender or sexual orientation of

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 5 of 10

the applicants, and to recognize the marriages validly entered into by the married
plaintiffs.
These provisions are laid out in the attached proposed Order.
Plaintiffs have conferred with counsel for Defendant Lathrop and have been advised that
Defendant Lathrop does not object to the entry of the attached proposed judgment. See
Stipulation attached hereto as Exhibit A. Counsel for Plaintiffs attempted to negotiate the terms
of a proposed order of judgment with counsel for the State Defendants. Counsel for the State
Defendants has refused to agree to the entry of a proposed judgment similar to the one attached
hereto. Based on that, and on the fact that the State Defendants have filed their own motion for
entry of a proposed judgment, Plaintiffs assume that the State Defendants oppose the form of
relief requested by this motion.
Given that there are no disputes regarding the facts of the case or that Plaintiffs are
entitled to judgment as a matter of law, and in light of the Courts action entering a preliminary
injunction enjoining the state from discriminating between same gender and opposite gender
couples, Plaintiffs believe that entry of a final judgment is appropriate. The attached proposed
judgment reflects the relief requested by Plaintiffs in their Complaint. The State Defendants
have offered no reason why the Court should refuse to grant anything other than the relief
requested by Plaintiffs in their Complaint.
DATED: November 24, 2014.
Respectfully submitted,

s/ Thomas W. Stoever, Jr.

Thomas W. Stoever, Jr.
L. James Lyman
ARNOLD & PORTER LLP
370 Seventeenth Street, Suite 4400
Denver, Colorado 80202-1370
Telephone: (303) 863-1000

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 6 of 10

Facsimile: (303) 832-0428

Email: thomas.stoever@aporter.com
Email: james.lyman@aporter.com

Tracy L. Zubrod
ZUBROD LAW OFFICE, PC
219 East 18th Street
Cheyenne, WY 82001
Telephone: (307) 778-2557
Facsimile: (307) 778-8225
Email: zubrod@aol.com
Qusair Mohamedbhai
Arash Jahanian
RATHOD MOHAMEDBHAI LLC
1518 Blake Street
Denver, CO 80202
Telephone: (303) 578-4400
Facsimile: (303) 578-4401
Email: qm@rmlawyers.com
Shannon P. Minter
Christopher F. Stoll
NATIONAL CENTER FOR
LESBIAN RIGHTS
870 Market Street, Suite 370
San Francisco, CA 94102
Telephone: (415) 365-1335
Facsimile: (415) 392-8442
Email: sminter@nclrights.org
Attorneys for Plaintiffs

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 7 of 10

CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing has been filed with the Clerk of Court on
this 24th day of November, 2014 and served upon the following:
Peter K. Michael,
Attorney General of Wyoming
Martin L. Hardsocg,
Deputy Attorney General
James C. Kaste,
Deputy Attorney General
Jared S. Crecelius,
Senior Assistant Attorney General
Ryan T. Schelhaas,
Senior Assistant Attorney General
Michael M. Robinson,
Senior Assistant Attorney General
123 State Capitol Building
Cheyenne, WY 82002

Mark Towne Voss

Bernard P Haggerty
310 W. 19th Street, Suite 320
Cheyenne, WY 82001
Attorneys for the Laramie County Clerk

Attorneys for the State Defendants

s/ Rebecca A. Golz
Rebecca A. Golz

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ATTACHMENT 1

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 9 of 10

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

)
)
)
Anne Marie Guzzo and Bonnie Robinson;
)
Ivan Williams and Charles Killion;
)
Brie Barth and Shelly Montgomery;
)
Carl Oleson and Rob Johnston; and
)
Wyoming Equality,
)
)
v.
) Case No. 14-cv-00200-SWS
)
Defendants,
)
)
Matthew H. Mead, in his official capacity
)
as the Governor of Wyoming; Dean Fausset, in his official
)
capacity as Director of the Wyoming Department of
)
Administration and Information; Dave Urquidez, in his
)
official capacity as Administrator of the State of Wyoming
)
Human Resources Division; and Debra K. Lathrop, in her
)
official capacity as Laramie County Clerk,
)
_____________________________________________________________________________
Plaintiffs,

ORDER

__________________________________________________________________
After review of Plaintiffs Motion for Judgment on the Pleadings, and for good cause
shown therein, the Court being otherwise advised in the premises, IT IS HEREBY ORDERED
that the Motion is GRANTED as follows:
1.

The provisions of and enforcement by Defendants of Wyomings laws excluding

same-sex couples from marriage, including Wyoming Statute 20-1-101, and any other sources
of state law or practice that exclude same-sex couples from marrying, violate the Unmarried
Plaintiffs rights under the Due Process and Equal Protection Clauses of the United States
Constitution and 42 U.S.C. 1983;

Case 2:14-cv-00200-SWS Document 56 Filed 11/24/14 Page 10 of 10

2.

The practice by Defendants Mead, Fausset, and Urquidez (the Wyoming

Defendants) and their subordinates, of refusing to recognize the valid out-of-state marriages of
the Married Plaintiffs and other legally married same-sex couples violates Plaintiffs rights under
the Due Process and Equal Protection Clauses of the United States Constitution and 42 U.S.C.
1983;
3.

The Married Plaintiffs marriages are valid in the State of Wyoming, in

accordance with Wyoming Statute 20-1-111;

4.

Defendants are permanently enjoined from enforcing Wyoming Statute 20-1-

101 and any other sources of state law, policy, or practice that exclude same-sex couples from
marriage or that refuse recognition of the marriages of legally married same-sex couples; and
5.

Defendants are permanently required to permit issuance of marriage licenses to

same-sex couples, pursuant to the same restrictions and limitations applicable to opposite-sex
couples, and without regard to the gender or sexual-orientation of the applicants, and to
recognize marriages validly entered into by same-sex couples in other jurisdictions.

DATED this _____ day of November, 2014.

Scott W. Skavdahl
United States District Judge

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EXHIBIT A

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