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RICHARD A. GAMMICK Washoe County District Attorney HERBERT B. KAPLAN Deputy District Attorney Nevada State Bar Number 7395 P. O. Box 30083 Reno, NV 89520-3083 (775) 337-5700 ATTORNEY FOR DEFENDANT AMY HARVEY, WASHOE COUNTY CLERK UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * BEVERLY SEVCIK and MARY BARANOVICH; ANTIOCO CARRILLO and THEODORE SMALL; KAREN GOODY and KAREN VIBE; FLETCHER WHITWELL and GREG FLAMER; MIKYLA MILLER and KATRINA MILLER; ADELE TERRANOVA and TARA NEWBERRY; CAREN CAFFERATTA-JENKINS and FARRELL CARRERATA-JENKINS; and MEGAN LANZ and SARA GEIGER, Plaintiffs, vs. BRIAN SANDOVAL, in his official capacity as Governor of the State of Nevada; DIANA ALBA, in her official capacity as Clerk for Clark County; AMY HARVEY, in her official capacity as Clerk for Washoe County; and ALAN GLOVER, in his official capacity as Clerk-Recorder for Carson City, Defendants. ___________________________________/

2:12-CV-00578-RCJ-PAL

ANSWER OF AMY HARVEY, WASHOE COUNTY CLERK

COMES NOW, Defendant, Amy Harvey, the Washoe County Clerk, by and through her undersigned counsel, and hereby answers Plaintiffs Complaint For Declaratory and Injunctive Relief -1-

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(Doc #1) as follows.

Preliminarily, however, Ms. Harvey wishes

to express that she has no intention to defend the substantive merits of this case and has agreed to be bound by the final, decision herein. A. INTRODUCTION 1. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 1 of Plaintiffs Complaint For Declaratory and Injunctive Relief (hereinafter referred to as Complaint). 2. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 2 of Plaintiffs Complaint. 3. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 3 of Plaintiffs Complaint. 4. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 4 of Plaintiffs Complaint. PARTIES 5. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 5 of Plaintiffs Complaint. 6. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 6 of Plaintiffs Complaint. -2-

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7.

Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 7 of Plaintiffs Complaint. 8. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 8 of Plaintiffs Complaint. 9. Defendant is without sufficient information to

either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 9 of Plaintiffs Complaint. 10. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 10 of Plaintiffs Complaint. 11. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 11 of Plaintiffs Complaint. 12. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 12 of Plaintiffs Complaint. 13. Defendant admits the allegations contained in

paragraph 13 of Plaintiffs Complaint. 14. Defendant admits the allegations contained in

paragraph 14 of Plaintiffs Complaint. 15. Defendant admits the allegations contained in

paragraph 15 of Plaintiffs Complaint. 16. Defendant admits the allegations contained in

paragraph 16 of Plaintiffs Complaint. -3-

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17.

Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 17 of Plaintiffs Complaint. JURISDICTION AND VENUE 18. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 18 of Plaintiffs Complaint. 19. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 19 of Plaintiffs Complaint. 20. Defendant admits the allegations contained in

paragraph 20 of Plaintiffs Complaint. 21. Defendant admits the allegations contained in

paragraph 21 of Plaintiffs Complaint. 22. Defendant admits the allegations contained in

paragraph 22 of Plaintiffs Complaint. STATEMENT OF THE FACTS 23. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 23 of Plaintiffs Complaint. 24. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 24 of Plaintiffs Complaint. 25. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 25 of Plaintiffs Complaint. -4-

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26.

Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 26 of Plaintiffs Complaint. 27. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 27 of Plaintiffs Complaint. 28. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 28 of Plaintiffs Complaint. 29. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 29 of Plaintiffs Complaint. 30. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 30 of Plaintiffs Complaint. 31. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 31 of Plaintiffs Complaint. 32. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 32 of Plaintiffs Complaint. 33. Defendant admits the allegations contained in

paragraph 33 of Plaintiffs Complaint. 34. Defendant admits the allegations contained in

paragraph 34 of Plaintiffs Complaint. 35. Defendant is without sufficient information to either -5-

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admit or deny, and therefore on that basis denies, the allegation contained in paragraph 35 of Plaintiffs Complaint. 36. Defendant admits the allegations contained in

paragraph 36 of Plaintiffs Complaint. 37. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 37 of Plaintiffs Complaint. 38. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 38 of Plaintiffs Complaint. 39. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 39 of Plaintiffs Complaint. 40. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 40 of Plaintiffs Complaint. 41. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 41 of Plaintiffs Complaint. 42. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 42 of Plaintiffs Complaint. 43. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 43 of Plaintiffs Complaint. 44. Defendant admits that couples who marry in Nevada -6-

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have their marriages solemnized pursuant to state law, NRS 122.010(1). Defendant further admits that the law in Nevada provides no state-approved mechanism to solemnize a registered domestic partnership. Defendant is without sufficient

information to either admit or deny, and therefore on that basis denies, the remaining allegations contained in paragraph 44 of Plaintiffs Complaint. 45. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 45 of Plaintiffs Complaint. 46. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 46 of Plaintiffs Complaint. 47. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 47 of Plaintiffs Complaint. 48. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 48 of Plaintiffs Complaint. 49. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 49 of Plaintiffs Complaint. 50. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 50 of Plaintiffs Complaint. 51. Defendant is without sufficient information to either -7-

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admit or deny, and therefore on that basis denies, the allegation contained in paragraph 51 of Plaintiffs Complaint. 52. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 52 of Plaintiffs Complaint. 53. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 53 of Plaintiffs Complaint. 54. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 54 of Plaintiffs Complaint. 55. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 55 of Plaintiffs Complaint. 56. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 56 of Plaintiffs Complaint. 57. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 57 of Plaintiffs Complaint. 58. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 58 of Plaintiffs Complaint. 59. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 59 of Plaintiffs Complaint. -8-

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60.

Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 60 of Plaintiffs Complaint. 61. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 61 of Plaintiffs Complaint. 62. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 62 of Plaintiffs Complaint. 63. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 63 of Plaintiffs Complaint. 64. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 64 of Plaintiffs Complaint. 65. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 65 of Plaintiffs Complaint. 66. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 66 of Plaintiffs Complaint. 67. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 67 of Plaintiffs Complaint. 68. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the -9-

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allegation contained in paragraph 68 of Plaintiffs Complaint. 69. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 69 of Plaintiffs Complaint. 70. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 70 of Plaintiffs Complaint. 71. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 71 of Plaintiffs Complaint. 72. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 72 of Plaintiffs Complaint. 73. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 73 of Plaintiffs Complaint. 74. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 74 of Plaintiffs Complaint. 75. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 75 of Plaintiffs Complaint. 76. Defendant admits the allegation contained in

paragraph 76 of Plaintiffs Complaint. 77. Defendant admits the allegation contained in

paragraph 77 of Plaintiffs Complaint. -10-

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78.

Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 78 of Plaintiffs Complaint. 79. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 79 of Plaintiffs Complaint. 80. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 80 of Plaintiffs Complaint. 81. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 81 of Plaintiffs Complaint. 82. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 82 of Plaintiffs Complaint. 83. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 83 of Plaintiffs Complaint. 84. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 84 of Plaintiffs Complaint. 85. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 85 of Plaintiffs Complaint. CLAIM FOR RELIEF 86. Defendant is without sufficient information to either -11-

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admit or deny, and therefore on that basis denies, the allegation contained in paragraph 86 of Plaintiffs Complaint. 87. Defendant admits the allegation contained in

paragraph 87 of Plaintiffs Complaint. 88. Defendant admits the allegation with regard to the

Fourteenth Amendment of the United States Constitution contained in the first sentence of paragraph 88 of Plaintiffs Complaint. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the remaining allegations contained in paragraph 88 of Plaintiffs Complaint. 89. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 89 of Plaintiffs Complaint. 90. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 90 of Plaintiffs Complaint. 91. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 91 of Plaintiffs Complaint. 92. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 92 of Plaintiffs Complaint. 93. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 93 of Plaintiffs Complaint. -12-

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94.

Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 94 of Plaintiffs Complaint. 95. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 95 of Plaintiffs Complaint. 96. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 96 of Plaintiffs Complaint. 97. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 97 of Plaintiffs Complaint. 98. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 98 of Plaintiffs Complaint. 99. Defendant is without sufficient information to either

admit or deny, and therefore on that basis denies, the allegation contained in paragraph 99 of Plaintiffs Complaint. 100. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 100 of Plaintiffs Complaint. 101. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 101 of Plaintiffs Complaint. 102. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the -13-

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allegation contained in paragraph 102 of Plaintiffs Complaint. 103. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 103 of Plaintiffs Complaint. 104. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 104 of Plaintiffs Complaint. 105. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 105 of Plaintiffs Complaint. DECLARATORY AND INJUNCTIVE RELIEF 106. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 106 of Plaintiffs Complaint. 107. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 107 of Plaintiffs Complaint. 108. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 108 of Plaintiffs Complaint. 109. Defendant is without sufficient information to either admit or deny, and therefore on that basis denies, the allegation contained in paragraph 109 of Plaintiffs Complaint. PRAYER FOR RELIEF 110. The prayer for relief, containing paragraphs A through F, contains no allegations of fact requiring an answer. -14-

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AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiffs' Complaint on file herein fails to state a claim against this Defendant upon which relief may be granted, as the county clerk has a ministerial duty to abide by the laws of the State of Nevada and has no authority to disregard the law. SECOND AFFIRMATIVE DEFENSE Plaintiffs' Complaint on file herein fails to state a claim against this Defendant upon which relief may be granted, as the county clerk has no discretion to issue marriage licenses other than in compliance with Nevada law. THIRD AFFIRMATIVE DEFENSE Plaintiffs' Complaint on file herein fails to state a claim against this Defendant upon which relief may be granted, as the county clerk acted in good faith in performing her duties in issuing marriage licenses only in conformity with Nevada law. FOURTH AFFIRMATIVE DEFENSE This Court lacks subject matter jurisdiction over this matter. FIFTH AFFIRMATIVE DEFENSE Defendant is entitled to immunity because the rights that are alleged to be violated were not clearly established. SIXTH AFFIRMATIVE DEFENSE To the extent Plaintiffs seek an award of attorneys fees -15-

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against this defendant, such an award must be precluded based on the fact that the county clerks are mandated by law to comply with existing Nevada law with respect to issuing marriage licenses. SEVENTH AFFIRMATIVE DEFENSE To the extent Plaintiffs seek an award of attorneys fees against this defendant, defendant has stated prior to filing this answer that she does not intend to defend this lawsuit, but agreed to be bound by the final order entered herein. WHEREFORE, Defendants pray as follows: 1. That Plaintiffs take nothing by way of the Complaint

For Declaratory and Injunctive Relief; and, 2. That judgment be entered against Plaintiffs and in

favor of Defendants; and, 3. That the Court allow Defendants costs and a

reasonable attorney's fee; and, 4. That the Court grant Defendants such additional or

alternate relief as it deems just and proper. Dated this 18th day of May, 2012. RICHARD A. GAMMICK District Attorney By /s/ HERBERT B. KAPLAN Herbert B. Kaplan Deputy District Attorney P. O. Box 30083 Reno, NV 89520-3083 (775) 337-5700

ATTORNEYS FOR DEFENDANT AMY HARVEY, WASHOE COUNTY CLERK -16-

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Randal R. Munn RMunn@carson.org

CERTIFICATE OF SERVICE Pursuant to FRCP 5(b), I certify that I am an employee of the Office of the District Attorney of Washoe County, over the age of 21 years and not a party to nor interested in the within action. I certify that on this date, I electronically filed a

true and correct copy of the foregoing ANSWER OF AMY HARVEY, WASHOE COUNTY CLERK and which was electronically mailed to the following: D. Chris Albright dca@albrightstoddard.com, cgrey@albrightstoddard.com Rahi Azizi razizi@omm.com Tara Borelli tborelli@lambdalegal.org, stoy@lambdalegal.org, jfarnsworth@lambdalegal.org Marek P. Bute mbute@swlaw.com,mfull@swlaw.com,docket_las@swlaw.com, jmath@swlaw.com,nunzueta@swlaw.com Carla Christofferson cchristofferson@omm.com,kezell@omm.com Melanie Cristol mcristol@omm.com Jon W. Davidson jdavidson@lambdalegal.org Shelbi Day sday@lambdalegal.org Kelly H Dove kdove@swlaw.com,bsanderson@swlaw.com,DOCKET_LAS@swlaw.com C. Wayne Howle whowle@ag.nv.gov,vbeavers@ag.nv.gov

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Peter C Renn prenn@lambdalegal.org,stoy@lambdalegal.org Dawn Sestito dsestito@omm.com Monte N Stewart stewart@belnaplaw.com,tkildow@belnaplaw.com, cgtaylor@belnaplaw.com I further certify that I deposited for mailing in the U. S.

7 Mails, with postage fully prepaid, a true and correct copy of 8 the foregoing in an envelope addressed to the following: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /s/ MICHELLE FOSTER MICHELLE FOSTER Dated this 18th day of May, 2012. Craig G. Taylor, Esq. Belnap Stewart Taylor & Morris PLLC 12550 W. Explorer Drive, Suite 100 Boise, ID 83713