IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

PAUL HARD ) ) Plaintiff, ) ) v. ) CASE NO. 2:13-cv-922-WKW ) ROBERT BENTLEY,

et al.

, ) ) Defendants. )

NOTICE OF RULING COMES NOW

the Defendant Pat Fancher and hereby brings to the Court's notice a ruling by U.S. District Court Judge Callie Granade for the Southern District of Alabama dated January 23, 2015, a copy of which is attached hereto, as well as subsequent related rulings in the same case by Judge Granade, copies of which are attached hereto. 1. The essence of these rulings is to hold unconstitutional the Sanctity of Marriage Amendment which has been part of the Alabama Constitution since its adoption by 81% of Alabama voters in 2006, and to hold that same-sex marriages may be performed and must be considered valid in Alabama, effective Monday, February 9, 2015, and to hold that Alabama probate judges must issue licenses for same-sex marriages effective Monday, February 9, 2015. 2. These rulings directly affect the above-captioned case that is currently pending in this Court. Plaintiff Paul Hard has publicly stated that on Monday, February 9, 2015, he intends to take action to amend David Fancher's death certificate to reflect that at the time of his death Paul Hard was his spouse, which action if successful would greatly upset Defendant Pat Fancher 

’

s status in the matter before this Court. He may also take action

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to require the executor of David Fancher's estate to pay to Paul Hard his spousal share of the estate, which would diminish the share to which Defendant Pat Fancher is entitled. 3. There is uncertainty at this point whether Judge Granade's rulings apply to all probate  judges in Alabama or only to probate judges within the Southern District. Resolution of this question certainly affects probate judges and other persons in the Middle District of Alabama. 4. The Alabama Attorney General is appealing Judge Granade's ruling to the Eleventh Circuit U.S. Court of Appeals, and the U.S. Supreme Court has granted certiorari on a case from the Sixth Circuit. If the Eleventh Circuit reverses Judge Granade's ruling, and/or if the U.S. Supreme Court affirms the Sixth Circuit ruling, either or both of these actions could have the effect of reinstating the Alabama Constitution's prohibition of same-sex marriage and might cast doubt upon the validity of same-sex marriages  performed in the interim. 5. To clarify this confusing situation and to protect the interest of the State of Alabama and of Defendant Pat Fancher, Defendant Pat Fancher respectfully asks this Court to rule on Defendant's Motion for Summary Judgment that is currently pending before this Court. Respectfully Submitted, /s/ Gabriel J. Smith Gabriel J. Smith (SMI337) Foundation for Moral Law Attorney for Pat Fancher Telephone: (334) 262-1245 Fax: (334) 262-1708 1 Dexter Avenue Montgomery, AL 36104 gabrieljoseph.smith@gmail.com

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CERTIFICATE OF SERVICE

I hereby certify that on this the 6

th

 day of February, 2015, an exact copy of the

foregoing instrument has been served (a) through the Court’s e

-filing system; (b) by  placing a copy of the same in the United State Mail, postage prepaid and properly addressed; and/or (c) by personal/firm email to the following attorneys:

SOUTHERN POVERTY LAW CENTER 

 David C. Dinielli Samuel E. Wolfe Attorneys for Plaintiff 400 Washington Avenue Montgomery, AL 36104 David.dinielli@splcenter.org Sam.wolfe@splcenter.org Tyrone C. Means, Of Counsel Means Gills Law, LLC 60 Commerce Street, Suite 200 P.O. Box 5058 Montgomery, Alabama 36103

OFFICE OF THE ATTORNEY GENERAL

James W. Davis (ASB-4063-I58J) Laura E. Howell (ASB-0551-A41H) Assistant Attorneys General 501 Washington Avenue Post Office Box 300152 Montgomery, Alabama 36130-0152 Telephone: (334) 242-7300 Facsimile: (334) 353-8440  jimdavis@ago.state.al.us lhowell@ago.state.al.us Attorneys for the State Defendants, Governor Robert Bentley and Attorney General Luther Strange

ADDITIONAL COUNSEL FOR GOVERNOR ROBERT BENTLEY

 David B. Byrne, Jr. (ASB-0354-R69D) Chief Legal Advisor Office of the Governor Alabama State Capitol 600 Dexter Avenue, Suite NB-05 Montgomery, Alabama 36130

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