This action might not be possible to undo. Are you sure you want to continue?
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN VIRGINIA WOLF and CAROL SCHUMACHER, KAMI YOUNG and KARINA WILLES, ROY BADGER and GARTH WANGEMANN, CHARVONNE KEMP and MARIE CARLSON, JUDITH TRAMPF and KATHARINA HEYNING, SALUD GARCIA and PAM KLEISS, WILLIAM HURTUBISE and LESLIE PALMER, and JOHANNES WALLMANN and KEITH BORDEN, Plaintiffs, vs. SCOTT WALKER, in his official capacity as Governor of Wisconsin, J.B. VAN HOLLEN, in his official capacity as Attorney General of Wisconsin, RICHARD G. CHANDLER, in his official capacity as Secretary of Revenue of Wisconsin, OSKAR ANDERSON, in his official capacity as State Registrar of Wisconsin, GARY KING, in his official capacity as Eau Claire County District Attorney, JOHN CHISHOLM, in his official capacity as Milwaukee County District Attorney, JOSEPH CZARNEZKI, in his official capacity as Milwaukee County Clerk, WENDY CHRISTENSEN, in her official capacity as Racine County Clerk, and SCOTT MCDONELL, in his official capacity as Dane County Clerk, Defendants. Case No. 14-cv-64
PLAINTIFFS’ SUPPLEMENTARY MEMORANDUM REQUIRED BY THE COURT’S MARCH 4, 2014 ORDER On February 28, 2014 Plaintiffs Virginia Wolf, et al. (collectively, “Plaintiffs”) filed a Motion for Preliminary Injunction (Dkt. # 27) asking that this Court enjoin Defendants from
Case: 3:14-cv-00064-bbc Document #: 55 Filed: 03/11/14 Page 2 of 3
enforcing Article XIII, § 13 of the Wisconsin Constitution and any Wisconsin statutes which operate to ban marriage for same-sex couples, and further asking that the Court enjoin Defendants Van Hollen, King, and Chisholm from enforcing Wis. Stat. § 765.30(1)(A), which makes it a crime for residents to leave the state to contract a marriage considered void in Wisconsin, against same-sex couples who marry outside of Wisconsin. On March 4, 2014, this Court issued an order indicating that in light of the U.S. Supreme Court’s decision in Herbert v. Kitchen, 134 S. Ct. 893 (Jan. 6, 2014), to stay the injunction requiring the State of Utah to allow same-sex couples to marry, as well as the subsequent decisions of several other district courts to stay injunctions requiring states to permit and recognize marriages between same-sex couples (e.g., Bishop v. United States ex rel. Holder, 04CV-848-TCK-TLW, 2014 WL 116013 (N.D. Okla. Jan. 14, 2014); Bostic v. Rainey, 2:13CV395, 2014 WL 561978 (E.D. Va. Feb. 13, 2014); De Leon v. Perry, SA-13-CA-00982-OLG, 2014 WL 715741 (W.D. Tex. Feb. 26, 2014)), the Court would also be required to stay any preliminary relief ordered in this case. Given that the grant of a stay would deny Plaintiffs the benefit of immediate relief, the Court encouraged Plaintiffs to withdraw their motion for preliminary injunction and to proceed directly to final resolution of this matter on an expedited schedule. Plaintiffs moved for a preliminary injunction, in part, because of the risk of prosecution under Wis. Stat. § 765.30(1) faced by two of the Plaintiff couples. However, Defendants King and Chisholm have agreed, in the form of a Stipulation attached hereto as Exhibit 1, not to prosecute Plaintiffs Wolf, Schumacher, Young and Willes under Wis. Stat. § 765.30(1) for having contracted marriages in Minnesota. Accordingly, Plaintiffs withdraw their motion for preliminary relief in favor of final resolution on an expedited schedule as the Court has recommended.
Case: 3:14-cv-00064-bbc Document #: 55 Filed: 03/11/14 Page 3 of 3
Plaintiffs are available for a preliminary pretrial conference with the magistrate judge, but also propose that this matter can be resolved on summary judgment and suggest the following expedited schedule: 1. Plaintiffs’ Motion for Summary Judgment to be filed by March 24, 2014. 2. Defendants’ Opposition to be filed by April 14, 2014. 3. Plaintiff’s Reply to be filed by April 24, 2014. Respectfully submitted, Dated: March 11, 2014 JOHN A. KNIGHT American Civil Liberties Union Foundation Lesbian Gay Bisexual Transgender Project 180 North Michigan Avenue Suite 2300 Chicago, Illinois 60601 (312) 201-9740 firstname.lastname@example.org LAURENCE J. DUPUIS SBN: 1029261 American Civil Liberties Union of Wisconsin Foundation 207 E. Buffalo Street, Suite 325 Milwaukee, Wisconsin 53202 (414) 272-4032 email@example.com By: /s Gretchen E. Helfrich Counsel for Plaintiffs JAMES D. ESSEKS American Civil Liberties Union Foundation Lesbian Gay Bisexual Transgender Project 125 Broad Street New York, New York 10004 (212) 549-2623 firstname.lastname@example.org HANS GERMANN GRETCHEN E. HELFRICH FRANK DICKERSON Mayer Brown LLP 71 South Wacker Drive Chicago, Illinois 60606-4637 (312) 782-0600 email@example.com firstname.lastname@example.org email@example.com
Case: 3:14-cv-00064-bbc Document #: 55-1 Filed: 03/11/14 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
VIRGINIA WOLF and CAROL SCHUMACHER; KAMI YOUNG and KARINA WILLES, ROY BADGER and GARTH WANGEMANN; CHARVONNE KEMP and MARIE CARLSON; JUDITH TRAMPF and KATHARINA HEYNING; SALUD GARCIA and PAM KLEISS; WILLIAM HURTUBISE and LESLIE PALMER; and JOHANNES WALLMANN and KEITH BORDEN, Plaintiffs, v. Case No. 14-CV-00064-SLC
SCOTT WALKER; J.B. VAN HOLLEN; RICHARD G. CHANDLER; OSKAR ANDERSON; GARY KING; JOHN CHISHOLM; JOSEPH CZARNEZKI; WENDY CHRISTENSEN; and SCOTT MCDONELL, Defendants.
Plaintiffs and Defendants King and Chisholm (collectively “Defendants”), by their respective counsel, hereby agree and stipulate as follows: 1. Plaintiffs allege in their Amended Complaint that Wis. Stat. § 765.30(1) “makes it
a criminal offense for a Wisconsin resident to leave the State to contract a marriage that is prohibited or void here.” (Dkt. #26 at ¶ 7.) 2. Plaintiffs further allege that Plaintiffs Wolf and Schumacher, and Young and
Willes, are “at imminent risk of prosecution under Wis. Stat. §765.30(1)” because they were married in Minnesota. (Dkt. #26 at ¶ 7; see also id., ¶¶, 39, 46.)
Case: 3:14-cv-00064-bbc Document #: 55-1 Filed: 03/11/14 Page 2 of 3
Wis. Stat. §765.30(1) provides a penalty for “[a]ny person residing and intending
to continue to reside in this state who goes outside the state and there contracts a marriage prohibited or declared void under the laws of this state.” 4. It is Defendants’ position that the conduct of Plaintiffs Wolf and Schumacher, and
Young and Willes, in contracting their marriages in Minnesota while continuing to reside in Wisconsin is not subject to penalty under Wis. Stat. § 765.30(1) because those marriages were not “prohibited or declared void under the laws of this state,” within the meaning of that statutory provision. 5. It is Defendants’ further position that the marriages of Plaintiffs Wolf and
Schumacher, and Young and Willes, are not “void,” within the meaning of Wis. Stat. § 765.21, because they were not contracted in violation of Wis. Stat. §§ 765.02, 765.03, 765.04, or 765.16. In particular, it is Defendants’ position that those marriages were not contracted in violation of Wis. Stat. § 765.04(1) because none of those four plaintiffs is a person “who is disabled or prohibited from contracting marriage under the laws of this state.” 6. Defendants agree not to prosecute Plaintiffs Wolf and Schumacher, and Young
and Willes, as a result of their having contracted marriages in Minnesota because Defendants conclude that Wis. Stat. § 765.30(1) does not apply to the conduct described in Plaintiffs’ Amended Complaint. (See, e.g., Dkt. #26 at ¶¶ 7, 39, 46.)
Case: 3:14-cv-00064-bbc Document #: 55-1 Filed: 03/11/14 Page 3 of 3
Dated: March 11, 2014
/s/ John Knight JOHN KNIGHT Attorney for Plaintiffs American Civil Liberties Union 180 N. Michigan, Suite 2300 Chicago, Illinois 60601 (312) 201-9740, 335 (312) 288-5225 (fax) firstname.lastname@example.org
/s/ Timothy C. Samuelson _________ TIMOTHY C. SAMUELSON, AAG (1089968) THOMAS C. BELLAVIA, AAG (1030182) CLAYTON P. KAWSKI, AAG (1066228) Attorneys for Defendants Gary King and John Chisholm, Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin 53707-7857 (608) 266-3542 (Samuelson) (608) 266-7477 (Kawski) (608) 266-8690 (Bellavia) (608) 267-2223 (fax) email@example.com firstname.lastname@example.org email@example.com