Case: 3:14-cv-00064-bbc Document #: 70 Filed: 03/24/14 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, 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’ NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT All Counsel of Record PLEASE TAKE NOTICE that Pursuant to Rule 56, Fed. R. Civ. P., Plaintiffs Virginia Wolf and Carol Schumacher, Kami Young and Karina Willes, Roy Badger

Case: 3:14-cv-00064-bbc Document #: 70 Filed: 03/24/14 Page 2 of 3

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 (collectively, “Plaintiffs”) respectfully move this Court for summary judgment on all counts in Plaintiffs’ Amended Complaint (Dkt # 26). Plaintiffs request that this Court enter judgment: (A) declaring that Article XIII, § 13 of the Wisconsin Constitution and all provisions

of the Wisconsin marriage laws (Wis. Stat. ch. 765) that refer to marriage as a relationship between a “husband” and a “wife” and operate as a statutory ban on marriage for same-sex couples violate the Due Process Clause and the Equal Protection Clause of the United States Constitution (Amendment XIV, § 1) by preventing Plaintiffs from lawfully marrying in the State of Wisconsin and by preventing the recognition of Plaintiffs’ marriages lawfully entered into outside of the State; (B) permanently enjoining all Defendants from enforcing Article XIII, § 13 and any

other sources of state law that operate to exclude same-sex couples from marriage or to deny recognition of the marriages of same-sex couples validly contracted in another jurisdiction; (C) permanently enjoining Defendants Van Hollen, Chisholm, and King from

enforcing Wisconsin’s marriage evasion statute against same-sex couples who marry outside of Wisconsin; (D) awarding Plaintiffs the costs and expenses of this action together with reasonable

attorneys’ fees; and (E) entering such other and further relief as deemed appropriate by the Court.


Case: 3:14-cv-00064-bbc Document #: 70 Filed: 03/24/14 Page 3 of 3

In support of this Motion, Plaintiffs concurrently submit a Memorandum in support of the Motion, a Statement of Proposed Findings of Fact, and Declarations and Exhibits thereto, which are hereby incorporated in this Motion by reference.

Dated: March 24, 2014

Respectfully submitted, By: /s Gretchen E. Helfrich By Their Attorneys JAMES D. ESSEKS* American Civil Liberties Union Foundation Lesbian Gay Bisexual Transgender Project 125 Broad Street New York, New York 10004 (212) 549-2623 HANS GERMANN* GRETCHEN E. HELFRICH* FRANK DICKERSON* Mayer Brown LLP 71 South Wacker Drive Chicago, Illinois 60606-4637 Telephone: (312) 782-0600 Facsimile: (312) 701-7711

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 LAURENCE J. DUPUIS SBN: 1029261 American Civil Liberties Union of Wisconsin Foundation 207 E. Buffalo Street, Suite 325 Milwaukee, Wisconsin 53202 (414) 272-4032

* admitted pro hac vice


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