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12345678910111213141516171819202122232425262728JON W. DAVIDSONTARA L. BORELLIPETER C. RENNSHELBI DAY(
above counsel will comply with LR IA 10-2 within 10 days)
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.3325 Wilshire Boulevard, Suite 1300Los Angeles, California 90010Email: jdavidson@lambdalegal.orgtborelli@lambdalegal.orgprenn@lambdalegal.orgsday@lambdalegal.orgTel: 213.382.7600 | Fax: 213.351.6050CARLA CHRISTOFFERSONDAWN SESTITOMELANIE CRISTOLRAHI AZIZI(
above counsel will comply with LR IA 10-2 within 10 days)
O’MELVENY & MYERS LLP400 South Hope StreetLos Angeles, California 90071Email: cchristofferson@omm.comdsestito@omm.commcristol@omm.comrazizi@omm.comTel: 213.430.6000 | Fax: 213.430.6407KELLY H. DOVE (Nevada Bar No. 10569)MAREK P. BUTE (Nevada Bar No. 09989)SNELL & WILMER LLP3883 Howard Hughes Parkway, Suite 1100Las Vegas, Nevada 89169Email: kdove@swlaw.commbute@swlaw.comTel: 702.784.5200 | Fax: 702.784.5252
 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
BEVERLY SEVCIK and MARYBARANOVICH; ANTIOCO CARRILLOand THEODORE SMALL; KARENGOODY and KAREN VIBE; FLETCHERWHITWELL and GREG FLAMER;MIKYLA MILLER and KATRINANo. ________________________
 COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF
Case 2:12-cv-00578 Document 1 Filed 04/10/12 Page 1 of 30
 
 
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MILLER; ADELE TERRANOVA andTARA NEWBERRY; CARENCAFFERATA-JENKINS and FARRELLCAFFERATA-JENKINS; and MEGANLANZ and SARA GEIGER,Plaintiffs,v.BRIAN SANDOVAL, in his official capacityas Governor of the State of Nevada; DIANAALBA, in her official capacity as Clerk forClark County; AMY HARVEY, in herofficial capacity as Clerk for WashoeCounty; and ALAN GLOVER, in his officialcapacity as Clerk-Recorder for Carson City,DefendantsPlaintiffs Beverly Sevcik and Mary Baranovich; Antioco Carrillo and Theodore Small;Karen Goody and Karen Vibe; Fletcher Whitwell and Greg Flamer; Mikyla Miller and KatrinaMiller; Adele Terranova and Tara Newberry; Caren Cafferata-Jenkins and Farrell Cafferata-Jenkins; Megan Lanz and Sara Geiger, by and through their attorneys, file this Complaint againstDefendants, Brian Sandoval, Diana Alba, Amy Harvey, and Alan Glover, and allege as follows:
INTRODUCTION
1.
 
Plaintiffs are eight loving, committed same-sex couples. They bring this action,pursuant to 42 U.S.C. § 1983, seeking declaratory and injunctive relief for the violation of theirrights under the Fourteenth Amendment to the United States Constitution caused by their beingdenied the right to marry in the State of Nevada (the “State”). The State has instead relegatedthese couples to the inferior and novel status of registered domestic partnerships, and hasdisrespected the marriages some of them have entered in other jurisdictions, because they arelesbians and gay men in same-sex relationships.2.
 
Civil marriage plays a unique role in society as the universally recognized andcelebrated hallmark of a couple’s commitment to build family life together. Plaintiffs haveformed committed, enduring family bonds equally worthy of the respect afforded by the State to
Case 2:12-cv-00578 Document 1 Filed 04/10/12 Page 2 of 30
 
 
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different-sex couples through access to the status of marriage. Yet the State, without anyadequate justification, has deprived lesbian and gay Nevadans of the right to marry, or to havetheir valid marriages from other jurisdictions recognized as marriages, based solely on theirsexual orientation and sex. This discrimination (referred to herein as the State’s “marriage ban”)is enshrined both in Nevada statutes, and in article 1, section 21 of the Nevada Constitution,which limits marriage solely to couples composed of “a male and female.”3.
 
After barring lesbians and gay men from civil marriage, the State created analternative status that they are allowed to enter that, with only a few exceptions, provides “thesame rights, protections and benefits” and “the same responsibilities, obligations and duties . . . asare granted to and imposed upon spouses.” Nev. Rev. Stat. § 122A.200(1)(a). The State’sselective bar to access to marriage—despite a public policy recognizing that same-sex couplesmerit the same family, parenting, and relationship rights and responsibilities as different-sexspouses—serves no purpose other than to impose a stigmatizing government label of inferiorityupon lesbians and gay men and their relationships and denies Plaintiffs equal treatment based ontheir sexual orientation and sex.4.
 
This exclusion from marriage and relegation to a second-class status inflictsserious and irreparable harms upon Plaintiffs and other same-sex couples and their children.Plaintiffs seek equal access to the institution of marriage as the only means to fully eliminate themyriad harms inflicted by the State on them and other same-sex couples.
PARTIESA.
 
Plaintiffs
5.
 
Plaintiffs Beverly Sevcik and Mary Baranovich are lesbian individuals who are acommitted same-sex couple residing in Carson City, Nevada.6.
 
Plaintiffs Antioco Carrillo and Theodore Small are gay male individuals who are acommitted same-sex couple residing in Las Vegas, Nevada.7.
 
Plaintiffs Karen Goody and Karen Vibe are lesbian individuals who are acommitted same-sex couple residing in Reno, Nevada.
Case 2:12-cv-00578 Document 1 Filed 04/10/12 Page 3 of 30
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