IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION


General Synod of The United Church of Christ;
Central Conference of American Rabbis;
Alliance of Baptists, Inc.; Association of
Welcoming & Affirming Baptists; Reverend
Joseph Hoffman; Reverend Nancy Ellett Allison;
Reverend Nathan King; Reverend Nancy Kraft;
Rabbi Jonathan Freirich; Reverend Robin
Tanner; Reverend Mark Ward; Reverend Dr.
Nancy E. Petty; The Very Reverend Todd
Donatelli; The Reverend Canon Thomas
Murphy; Reverend Milly Morrow; Rabbi Lucy
H.F. Dinner; Rabbi Ari N. Margolis; Rabbi Ariel
Edery; Rabbi Eric M. Solomon; Reverend Russ
Dean; Reverend Amy Jacks Dean; Kay Diane
Ansley; Catherine Cathy McGaughey;
Elizabeth Lisa Cloninger; Kathleen Smith;
Shauna Bragan; Stacy Maloney; Cathy Fry;
Joanne Marinaro; Joel Blady; Jeffrey Addy;
Betty Mack; and Carol Taylor;

Plaintiffs,

v.

Roy Cooper, Attorney General of North
Carolina; Drew Reisinger, Register of Deeds for
Buncombe County; Wayne Nixon, Register of
Deeds for Cabarrus County; Tonia Hampton,
Register of Deeds for McDowell County; J. David
Granberry, Register of Deeds for Mecklenburg
County; Laura M. Riddick, Register of Deeds for
Wake County; Ronald L. Moore, Buncombe
County District Attorney; Roxann Vaneekhoven,
Cabarrus County District Attorney; Bradley
Greenway, McDowell County District Attorney;
Andrew Murray, Mecklenburg County District
Attorney; and Ned Mangum, Wake County
District Attorney;

Defendants.
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Civ. No. 3:14-cv-213






Case 3:14-cv-00213-MOC-DLH Document 116 Filed 10/10/14 Page 1 of 4
PLAINTIFFS MOTION FOR JUDGMENT ON THE PLEADINGS

NOW COME Plaintiffs, through undersigned counsel, and respectfully move this Court
for judgment on the pleadings pursuant to Fed. R. Civ. P. Rule 12(c). Pleadings in this matter
are closed and facially show that Defendants have failed to assert a defense to Plaintiffs claims
under the Fourteenth Amendment. Indeed, the State Defendants have filed an Answer that
concedes the Plaintiffs must prevail on their Fourteenth Amendment claims. [Doc. 104] The
remaining defendants -- Drew Reisinger, Register of Deeds for Buncombe County; Tonia
Hampton, Register of Deeds for McDowell County; J. David Granberry, Register of Deeds for
Mecklenburg County; Wayne Nixon, Register of Deeds for Cabarrus County; and Laura M.
Riddick, Register of Deeds for Wake County -- have informed undersigned counsel that they do
not intend to file any responsive pleadings to Plaintiffs Amended Complaint, and have permitted
undersigned counsel to make that representation to the Court.
Furthermore, with Attorney General Cooper substituted as an intervenor, there is no
dispute in the pleadings that Defendants are proper parties against whom judgment can and
should be entered.
Accordingly, judgment on the pleadings is appropriate. In support of this motion,
Plaintiffs rely upon the allegations of the Amended Complaint, its attachments, and the Answer
filed by the State Defendants.
Undersigned counsel have sought to confer with opposing counsel about this motion.
Defendant Reisinger consents. The State Defendants have indicated that they intend to file a
short response, which Plaintiffs understand will acknowledge that Bostic v. Schaefer, Nos. 14-
1167, 14-1169, 14-1173, ____ F.3d ____, 2014 WL 3702493, is binding precedent on this Court,
and the parties hereto, and that Bostic addresses and resolves in Plaintiffs favor the Fourteenth
Case 3:14-cv-00213-MOC-DLH Document 116 Filed 10/10/14 Page 2 of 4
Amendment claims asserted by them with these actions. Undersigned counsel has not yet
ascertained the remaining three defendants positions about this particular motion, although
Defendants Riddick and Hampton recently conceded that they do not contest that Bostic v.
Schaefer, Nos. 14-1167, 14-1169, 14-1173, ____ F.3d ____, 2014 WL 3702493 is the law of this
circuit [Doc. 105], and Defendant Granberry noted that he does not take any position regarding
the over-riding issue as to the legality of same-sex marriages. [Doc. 103]
WHEREFORE, Plaintiffs pray the Court to grant judgment on the pleadings in their
favor, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, on Plaintiffs Fourteenth
Amendment claims.
Dated: October 10, 2014

Jonathan S. Martel
David J. Weiner
Samuel Witten
Sarah E. Warlick
Thomas A. Glazer
Arnold & Porter LLP
555 Twelfth Street, N.W.
Washington, D.C. 20004
Phone: (202) 942-5470
Fax: (202) 942-5999
Email: jonathan.martel@aporter.com
Admitted Pro Hac Vice

Sean Morris
Arnold & Porter LLP
777 South Figueroa St.
Los Angeles, CA 90017
Phone: (213) 243-4222
Email: sean.morris@aporter.com
Admitted Pro Hac Vice



Respectfully submitted,

/s/ S. Luke Largess
S. Luke Largess
/s/ Jacob H. Sussman
Jacob Sussman
/s/ John W. Gresham
John W. Gresham
Tin Fulton Walker & Owen
301 East Park Avenue
Charlotte, NC 28203
Phone: (704) 338-1220
Fax: (704) 338-1312
Email: llargess@tinfulton.com
Email: jsussman@tinfulton.com
Email: jgresham@tinfulton.com

Mark Kleinschmidt
Tin Fulton Walker & Owen
312 West Franklin Street
Chapel Hill NC 27516
Phone: (919) 240-7089
Fax: (919) 240-7822
Email: mkleinschmidt@tinfulton.com


ATTORNEYS FOR PLAINTIFFS

Case 3:14-cv-00213-MOC-DLH Document 116 Filed 10/10/14 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing Motion with the Clerk of the
Court using the CM/ECF system, which will send notification of such filing to all counsel of
record.
Dated: October 10, 2014

/s/ Jacob H. Sussman
Jacob H. Sussman
Tin Fulton Walker & Owen
301 East Park Avenue
Charlotte, NC 28203
Phone: (704) 338-1220
Fax: (704) 338-1312
Email: jsussman@tinfulton.com




Case 3:14-cv-00213-MOC-DLH Document 116 Filed 10/10/14 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION


General Synod of The United Church of Christ;
Central Conference of American Rabbis;
Alliance of Baptists, Inc.; Association of
Welcoming & Affirming Baptists; Reverend
Joseph Hoffman; Reverend Nancy Ellett Allison;
Reverend Nathan King; Reverend Nancy Kraft;
Rabbi Jonathan Freirich; Reverend Robin
Tanner; Reverend Mark Ward; Reverend Dr.
Nancy E. Petty; The Very Reverend Todd
Donatelli; The Reverend Canon Thomas
Murphy; Reverend Milly Morrow; Rabbi Lucy
H.F. Dinner; Rabbi Ari N. Margolis; Rabbi Ariel
Edery; Rabbi Eric M. Solomon; Reverend Russ
Dean; Reverend Amy Jacks Dean; Kay Diane
Ansley; Catherine Cathy McGaughey;
Elizabeth Lisa Cloninger; Kathleen Smith;
Shauna Bragan; Stacy Maloney; Cathy Fry;
Joanne Marinaro; Joel Blady; Jeffrey Addy;
Betty Mack; and Carol Taylor;

Plaintiffs,

v.

Roy Cooper, Attorney General of North
Carolina; Drew Reisinger, Register of Deeds for
Buncombe County; Wayne Nixon, Register of
Deeds for Cabarrus County; Tonia Hampton,
Register of Deeds for McDowell County; J. David
Granberry, Register of Deeds for Mecklenburg
County; Laura M. Riddick, Register of Deeds for
Wake County; Ronald L. Moore, Buncombe
County District Attorney; Roxann Vaneekhoven,
Cabarrus County District Attorney; Bradley
Greenway, McDowell County District Attorney;
Andrew Murray, Mecklenburg County District
Attorney; and Ned Mangum, Wake County
District Attorney;

Defendants.
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Civ. No. 3:14-cv-213






























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Case 3:14-cv-00213-MOC-DLH Document 116-1 Filed 10/10/14 Page 1 of 3
[PROPOSED] JUDGMENT
This matter is before the Court on Plaintiffs motion for judgment on the pleadings.
Defendants have either filed an Answer or asserted that they do not intend to file an Answer or
responsive pleading to Plaintiffs Amended Complaint. Accordingly, the matter is ripe for
disposition.
IT IS HEREBY ORDERED that:
1. North Carolinas marriage laws are DECLARED facially unconstitutional
under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the
United States Constitution to the extent they deny the rights of marriage to same-sex
couples or recognition of lawful marriages between same-sex couples that are validly
entered into in other jurisdictions.
2. Defendants and all those acting in concert with them, including their
officers, agents, and employees, are hereby ENJOINED from enforcing: Article XIV, 6
of the North Carolina State Constitution and North Carolina General Statute 51-1.2, and
any other provision of North Carolinas marriage laws if and to the extent that a statute
denies to same-sex couples the rights and privileges of marriage that are afforded to
opposite-sex couples.
3. Plaintiffs claims under the First Amendment (Claims I and II) are hereby
dismissed without prejudice.
4. Plaintiffs have waived any claim for attorneys fees and costs under 42
U.S.C. 1988.
THIS JUDGMENT IS FINAL.
This the day of October, 2014.


Case 3:14-cv-00213-MOC-DLH Document 116-1 Filed 10/10/14 Page 2 of 3
Hon. Max O. Cogburn
U.S. District Court Judge

Case 3:14-cv-00213-MOC-DLH Document 116-1 Filed 10/10/14 Page 3 of 3