Case 2:14-cv-00200-SWS Document 53 Filed 11/07/14 Page 1 of 14

Peter K. Michael (Wyo. Bar No. 5-2309)

Attorney General of Wyoming
Martin L. Hardsocg (Wyo. Bar No. 6-2919)
Deputy Attorney General
James C. Kaste (Wyo. Bar No. 6-3244)
Deputy Attorney General
Jared S. Crecelius (Wyo. Bar No. 6-4118)
Senior Assistant Attorney General
Ryan T. Schelhaas (Wyo. Bar No. 6-3321)
Senior Assistant Attorney General
Michael M. Robinson (Wyo. Bar No. 6-2658)
Senior Assistant Attorney General
Wyoming Attorney Generals Office
123 State Capitol Building
Cheyenne, WY 82002
(307) 777-7876
(307) 777-3687 fax

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING
Anne Marie Guzzo and Bonnie Robinson;
Ivan Williams and Charles Killion;
Brie Barth and Shelly Montgomery;
Carl Oleson and Rob Johnston; and
Wyoming Equality,
Plaintiffs,
v.
Matthew H. Mead, in his official capacity as
the Governor of Wyoming; Dean Fausset, in
his official capacity as Director of the
Wyoming Department of Administration and
Information; Dave Urquidez, in his official
capacity as Administrator of the State of
Wyoming Human Resources Division; and
Debra K. Lathrop, in her official capacity
as Laramie County Clerk,
Defendants.

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Civil No. 14-CV-200-SWS

ANSWER OF STATE DEFENDANTS, GOVERNOR MATTHEW H. MEAD, DEAN

FAUSSET, AND DAVE URQUIDEZ

Defendants, Governor Matthew H. Mead, Dean Fausset, and Dave Urquidez, in their
official capacities (State Defendants), by and through the Office of the Attorney General, answer

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Plaintiffs Complaint for Declaratory and Injunctive Relief as follows:

1.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions. Under the Tenth Circuit Court of Appeals
decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) State Defendants admit that same-sex couples have a constitutional right
to marry each other and that laws prohibiting such marriages, or failing to recognize the validity
of marriages between same-sex couples, are unconstitutional.
2.

Admit that this paragraph accurately quotes portions of Kitchen v. Herbert, 755

F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014).
3.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
4.

Neither admit nor deny Plaintiffs conclusions of law contained in paragraph 4,

and, without knowledge or information sufficient to form a belief as to the truth of the remaining
averments.
5.

Deny the first sentence of this paragraph.

State Defendants recognize the

marriages of same-sex couples lawfully entered into in Wyoming or other jurisdictions. Under
the Tenth Circuit Court of Appeals decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir.
2014) and Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014) State Defendants admit that same-sex
couples have a constitutional right to marry each other and that laws prohibiting such marriages,
or failing to recognize the validity of marriages between same-sex couples, are unconstitutional.
Admit that Plaintiffs are seeking the relief requested in the second sentence of this paragraph and
further admit that the Court has issued a preliminary injunction granting the requested relief.

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6.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
7.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
8.

Admit that Wyo. Stat. Ann. 20-1-101 forbids Unmarried Plaintiffs from

marrying in Wyoming.

However, under the Tenth Circuit Court of Appeals decisions in

Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d 1070 (10th
Cir. 2014) same-sex couples have a constitutional right to marry each other and that laws
prohibiting such marriages, or failing to recognize the validity of marriages between same-sex
couples, are unconstitutional.
9.

Admit that Plaintiffs Oleson and Johnston were legally married in Canada. Deny

the remaining averments.

10.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions. Under the Tenth Circuit Court of Appeals
decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) State Defendants admit that same-sex couples have a constitutional right
to marry each other and that laws prohibiting such marriages, or failing to recognize the validity
of marriages between same-sex couples, are unconstitutional.
11.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions. Under the Tenth Circuit Court of Appeals
decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) State Defendants admit that same-sex couples have a constitutional right

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to marry each other and that laws prohibiting such marriages, or failing to recognize the validity
of marriages between same-sex couples, are unconstitutional.
12.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions. Under the Tenth Circuit Court of Appeals
decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) State Defendants admit that same-sex couples have a constitutional right
to marry each other and that laws prohibiting such marriages, or failing to recognize the validity
of marriages between same-sex couples, are unconstitutional.
13.

Neither admit nor deny Plaintiffs conclusions of law contained in paragraph 13,

and, without knowledge or information sufficient to form a belief as to the truth of the remaining
averments.
14.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions. Under the Tenth Circuit Court of Appeals
decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) State Defendants admit that same-sex couples have a constitutional right
to marry each other and that laws prohibiting such marriages, or failing to recognize the validity
of marriages between same-sex couples, are unconstitutional.
15.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions. Under the Tenth Circuit Court of Appeals
decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) State Defendants admit that same-sex couples have a constitutional right
to marry each other and that laws prohibiting such marriages, or failing to recognize the validity
of marriages between same-sex couples, are unconstitutional.

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16.

Admit that Plaintiffs are seeking the relief described in this paragraph. Admit that

under the Tenth Circuit Court of Appeals decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th
Cir. 2014) and Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014) same-sex couples have a
constitutional right to marry each other and that laws prohibiting such marriages, or failing to
recognize the validity of marriages between same-sex couples, are unconstitutional.
17.

Admit that Plaintiffs are seeking the relief described in this paragraph. Admit that

under the Tenth Circuit Court of Appeals decisions in Kitchen v. Herbert, 755 F.3d 1193 (10th
Cir. 2014) and Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014) same-sex couples have a
constitutional right to marry each other and that laws prohibiting such marriages, or failing to
recognize the validity of marriages between same-sex couples, are unconstitutional.
18.

Admit that Plaintiffs are seeking the relief described in this paragraph.

19.

Admit.

20.

Admit that Plaintiffs have filed a complaint against specified State officials and a

county official, in their official capacities. State Defendants deny that the complaint is filed
against unnamed State officials or employees, and the State and State Defendants lack sufficient
information to identify other unnamed State defendants that Plaintiffs might seek to include by
implication.
JURISDICTION AND VENUE
21.

Admit.

22.

Admit.
PARTIES

A.

The Plaintiffs

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23.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
24.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
25.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
26.

Admit that Plaintiff Oleson and Johnston were legally married in Canada.

Without knowledge or information sufficient to form a belief as to the truth of the remaining
averments.
27.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
B.

The Defendants
28.

Admit that this paragraph accurately but incompletely quotes a portion of Article

4, 4 of the Wyoming Constitution. Admit that Defendant Matthew H. Mead is Governor of

Wyoming and that his official residence is located in Cheyenne, Laramie County, Wyoming. The
remaining averments are conclusions of law requiring no admission or denial.
29.

Admit that Defendant Dean Fausset is the Director of the Wyoming Department

of Administration and Information and that his official residence is located in Cheyenne,
Laramie County, Wyoming. The remaining averments are conclusions of law requiring no
admission or denial.
30.

Admit that Defendant Dave Urquidez is the Administrator of the Wyoming

Human Resources Division and that his official residence is located in Cheyenne, Laramie

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County, Wyoming. The remaining averments are conclusions of law requiring no admission or
denial.
31.

Admit that Defendant Debbye Balcaen Lathrop is the Clerk of Laramie County,

Wyoming and in that capacity issues marriage licenses. Without knowledge or information
sufficient to form a belief as to the truth of the remaining averments.
32.

Admit that State Defendants, or persons answerable to State Defendants, are

responsible for administration of certain Wyoming statutes, regulations, and laws.

Without

knowledge or information sufficient to form a belief as to the truth of the remaining averments.
GENERAL AVERMENTS
33.

Admit.

34.

Admit.

35.

Deny.

State Defendants recognize legal marriages of same-sex couples

performed in other jurisdictions.

36.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
37.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
38.

Without knowledge or information sufficient to form a belief as to the truth of

averments.

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39.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
40.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
41.

Admit that Plaintiffs Oleson and Johnston were married in Canada.

Deny

remaining averments. State Defendants recognize the marriages of same-sex couples lawfully
entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
42.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
43.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
CLAIMS FOR RELIEF
First Claim for Relief:
44.

Adopt by reference the answers to the averments adopted by reference in

paragraph 44 of the Complaint.

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45.

Admit that this paragraph accurately quotes a portion of the Fourteenth

Amendment of the United States Constitution.

Neither admit nor deny Plaintiffs legal

conclusions contained in paragraph 45.

46.

Admit that this paragraph accurately quotes a portion of the Kitchen decision.

Admit that Wyo. Stat. 20-1-101 cannot be used to prohibit same-sex marriages.
47.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
48.

Deny. Under Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v.

Smith, 760 F.3d 1070 (10th Cir. 2014), Defendant Lathrop does not refuse to issue marriage
licenses to same-sex couples. Admit that State Defendants have no legal authority to grant or
deny marriage licenses or applications.
49.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
50.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

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determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
51.

Admit that this paragraph accurately quotes a portion of the Kitchen decision.

52.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
53.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
Second Claim for Relief:
54.

Adopt by reference the answers to the averments adopted by reference in

paragraph 54 of the Complaint.

55.

Admit.

56.

Admit.

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57.

Without knowledge or information sufficient to form a belief as to the truth of

averments.
58.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
59.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
60.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
61.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d

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1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
62.

Deny. State Defendants recognize the marriages of same-sex couples lawfully

entered into in Wyoming or other jurisdictions.

The Tenth Circuit Court of Appeals has

determined in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d
1070 (10th Cir. 2014) that same-sex couples have a constitutional right to marry each other and
that laws prohibiting such marriages, or failing to recognize the validity of marriages between
same-sex couples, are unconstitutional.
RELIEF REQUESTED
63.

Answering paragraphs 63 through 70, State Defendants admit that under Kitchen

v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014)
same-sex couples have a constitutional right to marry each other and that laws prohibiting such
marriages, or failing to recognize the validity of marriages between same-sex couples, are
unconstitutional.

State Defendants admit that they must comply with those rulings in

administering the duties of their offices.

State Defendants further admit that the Preliminary

Injunction entered by this Court on October 17, 2014 (Doc. 44) and given immediate effect on
October 21, 2014 (Doc. 47) should be made permanent such that the State Defendants, including
state employees whose work they control or direct, are enjoined from enforcing or applying
Wyo. Stat. 20-1-101, or any other state law, policy, or practice over which the State
Defendants have authority or control, as a basis to deny recognition of valid marriages of samesex couples entered into in Wyoming or elsewhere.

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64.

With respect to any factual averments or averred legal conclusions not

specifically denied or otherwise answered in the paragraphs above, but which require an
admission or denial, State Defendants deny those as if individually restated and denied herein.
Dated this 7th day of November, 2014.

OFFICE OF THE ATTORNEY GENERAL

/s/ Ryan T. Schelhaas

Peter K. Michael (Wyo. Bar No. 5-2309)
Attorney General of Wyoming
Martin L. Hardsocg (Wyo. Bar No. 6-2919)
Deputy Attorney General
James C. Kaste (Wyo. Bar No. 6-3244)
Deputy Attorney General
Jared S. Crecelius (Wyo. Bar No. 6-4118)
Senior Assistant Attorney General
Ryan T. Schelhaas (Wyo. Bar No. 6-3321)
Senior Assistant Attorney General
Michael M. Robinson (Wyo. Bar No. 6-2658)
Senior Assistant Attorney General
Attorneys for the State Defendants
123 State Capitol Building
Cheyenne, WY 82002
(307) 777-7876
(307) 777-3687 fax
pete.michael@wyo.gov
marty.hardsocg@wyo.gov
james.kaste@wyo.gov
jared.crecelius@wyo.gov
ryan.schelhaas@wyo.gov
mike.robinson@wyo.gov

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CERTIFICATE OF SERVICE
I certify that on this 7th day of November, 2014, I electronically filed the foregoing with
the CM/ECF system which sent notice to the following:
Tracy L. Zubrod
zubrod@aol.com

James Lyman
Thomas W. Stoever, Jr.
james.lyman@aporter.com

Qusair Mohamedbhai
qm@rmlawyers.com

Shannon P. Minter
Christopher F. Stoll
sminter@nclrights.org

Mark T. Voss
mvoss@laramiecounty.com

Bernard P. Haggerty
bernardh@laramiecounty.com

/s/ Ryan T. Schelhaas

Ryan T. Schelhaas

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