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3:13-cv-00750 #40

3:13-cv-00750 #40

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Published by Equality Case Files
Doc 40 - Plaintiffs' Reply in support of Summary Judgment (attachments omitted)
Doc 40 - Plaintiffs' Reply in support of Summary Judgment (attachments omitted)

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Published by: Equality Case Files on Jan 15, 2014
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01/15/2014

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Case 3:13-cv-00750-JGH Document 40 Filed 01/14/14 Page 1 of 3 PageID #: 498

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE ELECTRONICALLY FILED GREGORY BOURKE, ET AL. PLAINTIFFS v. STEVE BESHEAR, ET AL. DEFENDANTS ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:13-CV-750-JGH

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT Plaintiffs appreciate Defendants’ position with respect to their duty to defend the laws of the Commonwealth. However, those laws must bend to the guarantees of justice and individual liberty articulated in the Bill of Rights. The Commonwealth has now had the opportunity to articulate its interest in refusing to recognize Plaintiffs’ marriages. That interest is the tepid, “preserving . . . traditional marriage.” (Response, p. 5, DN 39). Defendants have chosen not to venture into any explanation of the benefits that allegedly inure to the Commonwealth as a result of its exclusion of same-sex couples from the burdens and benefits of marriage. Perhaps in light of the legislation that has fallen in other states,1 Defendants recognize that the avalanche of history is burying such small-minded prejudices.

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Since Plaintiffs’ original Motion was filed, two more decisions have been rendered striking down restrictions on same-sex marriage. Kitchen v. Herbert WL 6697874 (D. Utah) and Obergefell v. Kasich, No. 1:13-CV-00501 (S.D. Ohio) are attached respectively as Exhibits 1 and 2.

Case 3:13-cv-00750-JGH Document 40 Filed 01/14/14 Page 2 of 3 PageID #: 499

Respectfully submitted,

/s/ Laura E. Landenwich Laura E. Landenwich Daniel J. Canon Louis P. Winner L. Joe Dunman CLAY DANIEL WALTON & ADAMS PLC 101 Meidinger Tower 462 South Fourth Street Louisville, KY 40202 (502) 561-2005 – phone (502) 415-7505 - fax laura@justiceky.com dan@justiceky.com louis@justiceky.com joe@justiceky.com Co-Counsel for Plaintiffs and Shannon Fauver Dawn Elliott FAUVER LAW OFFICE PLLC 1752 Frankfort Avenue Louisville, KY 40206 (502) 569-7710 Co-counsel for Plaintiffs

Case 3:13-cv-00750-JGH Document 40 Filed 01/14/14 Page 3 of 3 PageID #: 500

CERTIFICATE OF SERVICE I hereby certify that on January 14, 2014 I electronically filed the foregoing with the clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to the following: Clay A. Barkley Brian Judy Assistant Attorney Generals Office of the Attorney General Suite 118 700 Capital Avenue Frankfort, KY 40601 Counsel for Defendant Steve Beshear and Jack Conway /s/ Laura E. Landenwich

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