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THOMAS C. HORNE Attorney General Robert L. Ellman (AZ Bar No. 014410) Solicitor General Kathleen P. Sweeney (AZ Bar No. 011118) Todd M. Allison (AZ Bar No. 026936) Assistant Attorneys General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-3333 Fax: (602) 542-8308 Email: [email protected] Email: [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Joseph Connolly and Terrel L. Pochert; Suzanne Cummins and Holly N. Mitchell; Clark Rowley and David Chaney; R. Mason Hite IV and Christopher L. Devine; Megan and Natalie Metz; Renee Kaminski and Robin Reece; Jeffrey Ferst and Peter Bramley, Plaintiffs, v. Chad Roche, in His Official Capacity as Clerk of the Superior Court of Pinal County, Arizona; Michael K. Jeanes, in His Official Capacity as Clerk of the Superior Court of Maricopa County, Arizona; and Deborah Young, in Her Official Capacity as Clerk of the Superior Court of Coconino County, Arizona, Defendants. Case No: 2:14-cv-00024-JWS DEFENDANTS AMENDED ANSWER TO PLAINTIFFS AMENDED COMPLAINT (DEMAND FOR JURY TRIAL ON ALL ISSUES SO TRIABLE)

Defendants Chad Roche, Pinal County Superior Court Clerk; Michael K. Jeanes, Maricopa County Superior Court Clerk; and Deborah Young, Coconino County Superior Court Clerk (collectively, Defendants) respond to and answer Plaintiffs Amended

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Complaint as follows: I. NATURE OF THE CASE AND BACKGROUND TO CLAIMS FOR RELIEF 1. Defendants affirmatively allege that the U.S. Supreme Court case that

Plaintiffs cite in paragraph 1 speaks for itself and deny any of paragraph 1s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. 2. Defendants affirmatively allege that the U.S. Supreme Court case that

Plaintiffs cite in paragraph 2 speaks for itself and deny any of paragraph 2s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. Defendants affirmatively allege that in United States v. Windsor, 133 S. Ct. 2675, 2692, 2696 (2013), the Court explicitly limited its finding that Section 3 the Defense of Marriage Act (DOMA) was unconstitutional to situations in which DOMA conflicted with any States marriage law that allowed same-sex marriage and that in doing so, the Court reaffirmed each States power to define marital relations. 3. Paragraph 3 does not include any allegations, but instead summarizes

Plaintiffs requested relief in this lawsuit. Defendants therefore affirmatively allege that no response is necessary. To the extent that a response to paragraph 3 is necessary, Defendants deny that Plaintiffs requested relief is appropriate. Defendants affirmatively allege that in Windsor, 133 S. Ct. at 2692, 2696, the Court explicitly limited its finding that Section 3 of DOMA was unconstitutional to situations in which DOMA conflicted with any States marriage law that allowed same-sex marriage and that in doing so, the Court reaffirmed each States power to define marital relations. 4. Paragraph 4 does not include any allegations, but instead summarizes

Plaintiffs requested relief in this lawsuit. Defendants therefore affirmatively allege that no response is necessary. To the extent that a response to paragraph 4 is necessary, Defendants deny that Plaintiffs requested relief is appropriate. Defendants affirmatively allege that in Windsor, 133 S. Ct. at 2692, 2696, the Court explicitly limited its finding

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that Section 3 of DOMA was unconstitutional to situations in which DOMA conflicted with any States marriage law that allowed same-sex marriage and that in doing so, the Court reaffirmed each States power to define marital relations. 5. Defendants affirmatively allege that Arizona Revised Statutes (A.R.S.)

25-101(C) and -112(A) speak for themselves and deny any of paragraph 5s allegations that are inconsistent with or that otherwise mischaracterize those statutes. Defendants also deny paragraph 5s assertion that Arizonas Legislature enacted A.R.S. 25-101(C) immediately following Congressional passage of DOMA in 1996. Defendants affirmatively allege that Arizonas Legislature enacted the amendments to A.R.S. 25-101(C) and -112(A) at issue before DOMA was even introduced in Congress. Defendants admit that under Arizonas Constitution and statutes, the State of Arizona does not currently recognize same-sex marriages. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. 6. Defendants affirmatively allege that A.R.S. 25-121(A) and -125(A)

speak for themselves and deny any of paragraph 6s allegations that are inconsistent with or that otherwise mischaracterize those statutes. Defendants admit that in 1999, Arizonas Legislature made the statutory amendments that paragraph 6 cites. Defendants also admit that under Arizonas Constitution and statutes, the State of Arizona does not currently recognize same-sex marriages. 7. Defendants affirmatively allege that the Arizona Court of Appeals case that

Plaintiffs cite in paragraph 7 speaks for itself and deny any of paragraph 7s allegations that are inconsistent with or that otherwise mischaracterize the Arizona Court of Appeals legal determinations in that case. 8. Responding to paragraph 8, Defendants affirmatively allege that Plaintiffs

have not identified any defendant who has refused to recognize as valid in Arizona any

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of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants admit that in 2006, Arizona voters rejected Proposition 107, a ballot initiative that included a same-sex marriage ban. Defendants admit that Proposition 107 was popularly referred to as the Marriage Protection Amendment, but deny that this was the propositions official title. Defendants admit paragraph 8s remaining allegations.9. 10. Defendants admit paragraph 9s allegations.

Responding to paragraph 10, Defendants affirmatively allege that Plaintiffs

have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants otherwise admit paragraph 10s allegations. 11. Responding to paragraph 11, Defendants affirmatively allege that Plaintiffs

have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants otherwise admit paragraph 11s allegations. 12. Responding to paragraph 12, Defendants admit that Arizona has never

recognized domestic partnerships and that some Arizona cities have offered benefits to same-sex local residents. Defendants also admit that under Arizonas Constitution and statutes, the State of Arizona does not currently recognize same-sex marriages. Defendants deny paragraph 12s remaining allegations. 13. Defendants affirmatively allege that the U.S. Supreme Court case that

Plaintiffs cite in paragraph 13 speaks for itself and deny any of paragraph 13s allegations that are inconsistent with or that otherwise mischaracterize the Courts legal determinations in that case. 14. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 14s allegations and therefore deny them. Defendants

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affirmatively allege that other States constitutional and statutory prohibitions are not at issue in this lawsuit. 15. Responding to paragraph 15, Defendants admit that Massachusetts,

Hawaii, and other states currently allow gay marriage. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 15s other allegations and therefore deny them. 16. Responding to paragraph 16, Defendants admit that in Kitchen v. Herbert,

No. 2:13-cv-217, 2013 WL 6697874 (D. Utah Dec. 20, 2013), the United States District Court for the District of Utah held that Utahs prohibition against same-sex marriage was unconstitutional. Defendants affirmatively allege that Utah has appealed the decision to the Tenth Circuit Court of Appeals (docket number 13-4178) and that the U.S. Supreme Court has stayed the district courts permanent injunction pending the Tenth Circuits resolution of the appeal, Herbert v. Kitchen, 134 S. Ct. 893 (2014). Defendants also admit that in Griego v. Oliver, No. 34,306, 2013 WL 6670704 (N.M. Dec. 19, 2013), the New Mexico Supreme Court unanimously held that New Mexicos prohibition against same-sex marriage violated New Mexicos Constitution. Defendants affirmatively allege that those cases speak for themselves and deny any of paragraph 16s allegations that are inconsistent with or that otherwise mischaracterize the courts legal determinations in those cases. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 16s other allegations and therefore deny them. 17. Defendants affirmatively allege that the U.S. Supreme Court cases that

Plaintiffs cite in paragraph 17 speak for themselves and deny any of paragraph 17s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in those cases. Defendants affirmatively allege that in Windsor, 133 S. Ct. at 2692, 2696, the Court explicitly limited its finding that Section 3 of DOMA was unconstitutional to situations in which DOMA conflicted with any States marriage law that allowed same-sex marriage and that in doing so, the Court reaffirmed each States power to define marital relations.

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18.

Defendants affirmatively allege that Windsor, the U.S. Supreme Court case

that Plaintiffs cite in paragraph 18, speaks for itself and deny any of paragraph 18s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. Defendants affirmatively allege that in Windsor, 133 S. Ct. at 2692, 2696, the Court explicitly limited its finding that Section 3 of DOMA was unconstitutional to situations in which DOMA conflicted with any States marriage law that allowed same-sex marriage and that in doing so, the Court reaffirmed each States power to define marital relations. 19. Defendants admit that the cases that Plaintiffs cite in paragraph 19 held that state laws that banned same-sex marriages or the recognition of such marriages violated the Equal Protection Clause. Defendants affirmatively allege that the cases speak for themselves and deny any of paragraph 19s allegations that are inconsistent with or that otherwise mischaracterize the courts legal determinations in those cases. 20. Defendants affirmatively allege that the Ninth Circuit case that Plaintiffs

cite in paragraph 20 speaks for itself and deny any of paragraph 20s allegations that are inconsistent with or that otherwise mischaracterize the Ninth Circuits legal determinations in that case. 21. Defendants affirmatively allege that paragraph 21 contains only statements

regarding Plaintiffs legal argument, to which no response is necessary. To the extent that any response is needed, Defendants affirmatively allege that the U.S. Supreme Court case that Plaintiffs cite in paragraph 21 speaks for itself and deny any of paragraph 21s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. 22. Defendants affirmatively allege that paragraph 22 contains only statements

regarding Plaintiffs legal argument and a summary of Plaintiffs requested relief, to which no response is necessary. To the extent that any response is needed, Defendants affirmatively allege that the U.S. Supreme Court cases that paragraph 22 cites speak for themselves and deny any of paragraph 22s allegations that are inconsistent with or that

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otherwise mischaracterize the U.S. Supreme Courts legal determinations in those cases. Defendants also deny that Plaintiffs requested relief is appropriate. Defendants also affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Finally, Defendants affirmatively allege that the phrase all similar marital statutes does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 23. Defendants affirmatively allege that paragraph 23 does not include any

allegations but instead includes a summary of Plaintiffs requested relief in this lawsuit, to which no response is necessary. To the extent that a response to paragraph 23 is necessary, Defendants deny that Plaintiffs requested relief is appropriate. Defendants also affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants further affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Finally, Defendants also affirmatively allege that the clause and all other provisions of Arizona law that may deny Plaintiffs equal access to the benefits of marriage in the State of Arizona does not provide sufficient detail for Defendants to identify what Arizona laws in addition to those that paragraph 22 specifically identifies Plaintiffs are asking this Court to declare unconstitutional.

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II.

JURISDICTION, PARTIES, AND VENUE A. 24. 25. Federal Question Jurisdiction Defendants admit paragraph 24s allegations. Defendants deny paragraph 25s allegations. Defendants affirmatively

allege that the U.S. Supreme Court cases that Plaintiffs cite in paragraph 25 speak for themselves and deny any of paragraph 25s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in those cases. Defendants also affirmatively allege that Baker v. Nelson, 409 U.S. 810 (1972), is still good law and bars Plaintiffs from raising in this lawsuit any claims similar to those that the Supreme Court held in Baker did not raise a substantial federal question. B. 26. The Plaintiffs Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 26s allegations and therefore deny them. 27. Defendants admit that U.S. Census Bureau population estimates for 2012

indicate that eighty-one percent of all Arizonans reside in Maricopa, Pima, and Pinal Counties. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 27s remaining allegations and therefore deny them. Joe and Terry 28. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 28s allegations and therefore deny them. 29. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 29s allegations and therefore deny them. 30. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 30s allegations and therefore deny them. 31. Responding to paragraph 31, Defendants admit that under Arizonas

Constitution and statutes, the State of Arizona does not currently recognize same-sex marriages. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 31s remaining allegations and therefore deny them.

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32. 33.

Defendants admit paragraph 32s allegations. Defendants admit that California officials began issuing marriage licenses

to same-sex couples in mid-June 2008 following the In re Marriage Cases ruling. 34. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 34s allegations and therefore deny them. 35. 36. Defendants admit paragraph 35s allegations. Defendants admit that Proposition 8s adoption ended the issuance of

marriage licenses to same-sex couples in California. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 36s remaining allegations and therefore deny them. 37. 38. Defendants admit paragraph 37s allegations. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 38s allegations and therefore deny them. 39. Responding to paragraph 39, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages performed in other states. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 39s remaining allegations and therefore deny them. 40. Responding to paragraph 40, Defendants affirmatively allege that by

applying for an Arizona marriage license, Plaintiffs were not asking the Pinal County Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-ofstate marriage. Moreover, Defendants are without information and knowledge sufficient to form a belief concerning paragraph 40s allegations and therefore deny them.

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41.

Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 41s allegations and therefore deny them. 42. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 42s allegations and therefore deny them. 43. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 43s allegations and therefore deny them. 44. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 44s allegations and therefore deny them. 45. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 45s allegations and therefore deny them. 46. Responding to paragraph 46, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages performed in other states. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants also affirmatively allege that by applying for an Arizona marriage license, Plaintiffs were not asking the Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-of-state marriage. Finally, Defendants affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Suzanne and Holly 47. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 47s allegations and therefore deny them. 48. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 48s allegations and therefore deny them.

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49.

Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 49s allegations and therefore deny them. 50. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 50s allegations and therefore deny them. 51. Responding to paragraph 51, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 51s remaining allegations and therefore deny them. 52. Responding to paragraph 52, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages performed in Arizona or in another state. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 52s remaining allegations and therefore deny them. 53. Responding to paragraph 53, Defendants admit that under Arizonas

Constitution and statutes, the State of Arizona does not currently recognize same-sex marriages. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 53s allegations and therefore deny them. 54. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 54s allegations and therefore deny them. 55. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 55s allegations and therefore deny them. 56. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 56s allegations and therefore deny them. 57. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 57s allegations and therefore deny them. 58. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 58s allegations and therefore deny them. 59. Defendants are without information and knowledge sufficient to form a

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belief concerning paragraph 59s allegations and therefore deny them. 60. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 60s allegations and therefore deny them. 61. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 61s allegations and therefore deny them. 62. Responding to paragraph 62, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Clark and David 63. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 63s allegations and therefore deny them. 64. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 64s allegations and therefore deny them. 65. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 65s allegations and therefore deny them. 66. Responding to paragraph 66, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages performed in Arizona or in other states. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 66s remaining allegations and therefore deny them.

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67.

Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 67s allegations and therefore deny them. 68. Responding to paragraph 68, Defendants affirmatively allege that Plaintiffs

have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 68s allegations and therefore deny them. 69. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 69s allegations and therefore deny them. 70. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 70s allegations and therefore deny them. 71. Defendants admit that Arizonas Constitution and statutes currently

prohibit the State of Arizona from recognizing same-sex marriages. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 71s remaining allegations and therefore deny them. 72. Responding to paragraph 72, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Mason and Chris 73. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 73s allegations and therefore deny them. 74. Defendants are without information and knowledge sufficient to form a

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belief concerning paragraph 74s allegations and therefore deny them. 75. Responding to paragraph 75, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages performed in Arizona or in another state. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 75s remaining allegations and therefore deny them. 76. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 76s allegations and therefore deny them. 77. Responding to paragraph 77, Defendants affirmatively allege that by

applying for an Arizona marriage license, Plaintiffs were not asking the Maricopa County Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-of-state marriage. Moreover, Defendants are without information and knowledge sufficient to form a belief concerning paragraph 77s allegations and therefore deny them. 78. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 78s allegations and therefore deny them. 79. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 79s allegations and therefore deny them. 80. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 80s allegations and therefore deny them. 81. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 81s allegations and therefore deny them. 82. Responding to paragraph 82, Defendants admit that Arizonas Constitution

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and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants affirmatively allege, however, that by applying for an Arizona marriage license, Plaintiffs were not asking the Maricopa County Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-of-state marriage. Defendants also affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Finally, Defendants affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Meagan and Natalie 83. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 83s allegations and therefore deny them. 84. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 84s allegations and therefore deny them. 85. Responding to paragraph 85, Defendants affirmatively allege that by

applying for an Arizona marriage license, Plaintiffs were not asking the Coconino County Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-of-state marriage. Moreover, Defendants are without information and knowledge sufficient to form a belief concerning paragraph 85s allegations and therefore deny them. 86. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 86s allegations and therefore deny them. 87. Defendants are without information and knowledge sufficient to form a

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belief concerning paragraph 87s allegations and therefore deny them. 88. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 88s allegations and therefore deny them. 89. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 89s allegations and therefore deny them. 90. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 90s allegations and therefore deny them. 91. Responding to paragraph 91, Defendants affirmatively allege that by

applying for an Arizona marriage license, Plaintiffs were not asking the Coconino County Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-of-state marriage. Moreover, Defendants are without information and knowledge sufficient to form a belief concerning paragraph 91s allegations and therefore deny them. 92. Responding to paragraph 92, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants affirmatively allege, however, that by applying for an Arizona marriage license, Plaintiffs were not asking the Coconino County Clerk of Court to recognize their out-of-state marriage as valid. Defendants therefore affirmatively allege that assertions concerning the Clerks refusal to issue an Arizona marriage license do not raise any claim concerning nonrecognition of Plaintiffs out-of-state marriage. Defendants also affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Finally, Defendants affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 99. 93.

Jeff and Peter Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 93s allegations and therefore deny them. 94. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 94s allegations and therefore deny them. 95. Responding to paragraph 95, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 95s remaining allegations and therefore deny them. 96. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 96s allegations and therefore deny them. 97. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 97s allegations and therefore deny them. 98. Responding to paragraph 98, Defendants admit that Arizonas Constitution

and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-ofstate marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants also affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 98s remaining allegations and therefore deny them. Renee and Robin Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 99s allegations and therefore deny them. 100. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 100s allegations and therefore deny them. 101. Defendants are without information and knowledge sufficient to form a

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belief concerning paragraph 101s allegations and therefore deny them. 102. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 102s allegations and therefore deny them. 103. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 103s allegations and therefore deny them. 104. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 104s allegations and therefore deny them. 105. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 105s allegations and therefore deny them. 106. Defendants are without information and knowledge sufficient to form a

belief concerning paragraph 106s allegations and therefore deny them. 107. Responding to paragraph 107, Defendants admit that Arizonas

Constitution and statutes currently prohibit the State of Arizona from recognizing samesex marriages. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 107s remaining allegations and therefore deny them. 108. Responding to paragraph 108, Responding to paragraph 98, Defendants

admit that Arizonas Constitution and statutes currently prohibit the State of Arizona from recognizing same-sex marriages. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants are without information and knowledge sufficient to form a belief concerning paragraph 108s remaining allegations and therefore deny them. C. 109. 110. The Defendants Defendants admit paragraph 109s allegations. Responding to paragraph 110, Defendants affirmatively allege that

Plaintiffs have not asserted that Defendant Jeanes refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively

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allege that Plaintiffs lack standing to raise any nonrecognition claims against Defendant Jeanes and are not entitled to relief on such claims. Defendants otherwise admit paragraph 110s allegations. 111. Responding to paragraph 111, Defendants affirmatively allege that

Plaintiffs have not asserted that Defendant Young has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims against Defendant Young and are not entitled to relief on such claims. Defendants otherwise admit paragraph 111s allegations. 112. Responding to paragraph 112, Defendants affirmatively allege that

Plaintiffs have not asserted that Defendant Roche has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims against Defendant Roche and are not entitled to relief on such claims. Defendants otherwise admit paragraph 112s allegations. 113. Responding to paragraph 113, Defendants affirmatively allege that

Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants otherwise admit paragraph 113s allegations. 114. Responding to paragraph 114, Defendants affirmatively allege that

Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants admit that according to Plaintiffs Amended Complaint, Plaintiffs seek relief against each of the Defendants and against each of the Defendants officers, employees, and agents and all other persons acting in cooperation with the Defendants or under the Defendants supervision, but Defendants deny that

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Plaintiffs are entitled to their requested relief. 115. D. 116. III. Defendants admit paragraph 115s allegations. Venue Defendants admit paragraph 116s allegations.

CLAIMS FOR RELIEF FIRST CLAIM Violation of Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C. 1983 117. Defendants incorporate their responses to paragraphs 1 through 116 as if

fully set forth herein. 118. Responding to paragraph 118, Defendants affirmatively allege that the U.S.

Supreme Court cases that Plaintiffs cite in paragraph 118 speak for themselves and deny any of paragraph 118s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in those cases. Moreover, Defendants affirmatively allege that in Windsor, 133 S. Ct. at 2696, the Court explicitly limited its finding that Section 3 of DOMA was unconstitutional to situations in which DOMA conflicted with any States marriage law that allowed same-sex marriage and that in doing so, the Court reaffirmed each States power to define marital relations. 119. Responding to paragraph 119, Defendants affirmatively allege that A.R.S.

25-101(C), -112(A), and -125(A) and the Arizona Constitutions Article 30, Section 1 speak for themselves and deny any of paragraph 119s allegations that are inconsistent with or that otherwise mischaracterize those provisions. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Defendants admit that under Arizonas Constitution and statutes, the State of Arizona does not

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currently recognize same-sex marriages. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants deny paragraph 119s remaining allegation. 120. 121. Defendants deny paragraph 120s allegations. Defendants deny paragraph 121s allegations. Defendants affirmatively

allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 122. Defendants deny paragraph 122s allegations. Defendants affirmatively

allege that the U.S. Supreme Court case that Plaintiffs cite in paragraph 122 speaks for itself and deny any of paragraph 122s allegations that are inconsistent with or otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. Defendants also affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. 123. Defendants affirmatively allege that the Ninth Circuit case that Plaintiffs

cite in paragraph 123 speaks for itself and deny any of paragraph 123s allegations that are inconsistent with or otherwise mischaracterize the Ninth Circuits legal determinations in that case. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 124. Responding to paragraph 124, Defendants affirmatively allege that

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Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants further deny that Plaintiffs are entitled to any of the relief that paragraphs 139-145 request. SECOND CLAIM Violation of Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C. 1983 125. Defendants incorporate their responses from paragraphs 1 through 124 as if

fully set forth herein. 126. 127. Defendants admit paragraph 126s allegations. Responding to paragraph 127, Defendants affirmatively allege that the U.S.

Supreme Court case that Plaintiffs cite in paragraph 127 speaks for itself and deny any of paragraph 127s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. 128. Responding to paragraph 128, Defendants admit that Arizonas

Constitution and statutes currently prohibit the State of Arizona from recognizing samesex marriages performed in Arizona or in another state. Defendants affirmatively allege, however, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants also affirmatively allege that the constitutional and statutory provisions that Plaintiffs specifically cite in paragraph 22 of their Amended Complaint do not deny Plaintiffs due process of law. Finally, Defendants affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 129. Defendants admit that Arizona voters cannot infringe rights that the Fourteenth Amendments Due Process Clause establishes, but deny that the Due Process

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Clause establishes a right to same-sex marriage or to recognition of same-sex marriage. Defendants affirmatively allege, moreover, that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. 130. Defendants affirmatively allege that the Ninth Circuit case that Plaintiffs

cite in paragraph 130 speaks for itself and deny any of paragraph 130s allegations that are inconsistent with or otherwise mischaracterize the Ninth Circuits legal determinations in that case. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 131. Defendants deny paragraph 131s allegations. Defendants affirmatively

allege that the U.S. Supreme Court case that Plaintiffs cite in paragraph 131 speaks for itself and deny any of paragraph 131s allegations that are inconsistent with or that otherwise mischaracterize the U.S. Supreme Courts legal determinations in that case. 132. Responding to paragraph 132, Defendants affirmatively allege that

Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants further deny that Plaintiffs are entitled to any of the relief that paragraphs 139-145 request. APPLICATION FOR PERMANENT INJUNCTION 133. Defendants incorporate their responses from paragraphs 1 through 132 as if

fully set forth herein. 134. Defendants are without information and knowledge sufficient to form a

belief concerning the allegations of harm contained in paragraph 134 and therefore deny

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them. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants also affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on such claims. 135. Defendants are without information and knowledge sufficient to form a

belief concerning the allegations of harm contained in paragraph 135 and therefore deny them. Defendants affirmatively allege that the asserted harms do not entitle Plaintiffs to the requested relief. Defendants also affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Finally, Defendants affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 136. Defendants admit that according to Plaintiffs Amended Complaint,

Plaintiffs seek a permanent injunction, but deny that Plaintiffs are entitled to that relief. Defendants affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-of-state marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail for Defendants to identify what statutes in addition to those that paragraph 22 specifically

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cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. 137. Responding to paragraph 137, Defendants deny that the alleged harms

entitle Plaintiffs to the requested relief. 138. Paragraph 138s allegations concern the scope of Plaintiffs requested

relief, to which no answer is required. To the extent that an answer to paragraph 138 is required, Defendants deny that Plaintiffs are entitled to the relief that paragraph 138 requests. IV. PRAYER FOR RELIEF 139. Paragraph 139s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. Defendants affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-ofstate marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants also deny that Plaintiffs are entitled to any other relief. Finally, Defendants affirmatively allege that 28 U.S.C. 2201 does not contain any subsection (c). 140. Paragraph 140s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. Defendants affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-ofstate marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants also deny that Plaintiffs are entitled to any other relief. Defendants also affirmatively allege that the term Marriage Discrimination Statutes as paragraph 22 of Plaintiffs Amended Complaint has defined it does not provide sufficient detail to identify what statutes in addition to those that paragraph 22 specifically cites Plaintiffs mean to include in the category of Marriage Discrimination Statutes. Finally, Defendants affirmatively allege that the phrase all other laws of the State of Arizona banning, refusing to recognize, or otherwise restricting same-sex marriage does not provide sufficient detail to identify what Arizona laws in addition to those that paragraph 22 specifically

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identifies Plaintiffs are asking this Court to declare unconstitutional. 141. Paragraph 141s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. Defendants affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-ofstate marriages. Defendants therefore affirmatively allege that Plaintiffs lack standing to raise any nonrecognition claims and are not entitled to relief on such claims. Defendants also deny that Plaintiffs are entitled to relief on any of their other claims. Defendants also affirmatively allege that the phrase any Arizona statute that excludes gay men and women from access to marriage in the State of Arizona does not provide sufficient detail to identify what Arizona statutes in addition to those that paragraph 22 specifically identifies Plaintiffs are asking this Court to declare unconstitutional. 142. Paragraph 142s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. At this stage of litigation, Defendants are without information and knowledge sufficient to form a belief as to whether a speedy hearing is appropriate pursuant to Fed. R. Civ. P. 57 and therefore deny that Plaintiffs are entitled to the requested relief. 143. Paragraph 143s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. Defendants deny that Plaintiffs are entitled to any relief. 144. Paragraph 144s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. Defendants affirmatively allege that Plaintiffs have not identified any defendant who has refused to recognize as valid in Arizona any of Plaintiffs out-ofstate marriages. Defendants therefore affirmatively allege that Defendants lack standing to raise any nonrecognition claims and are not entitled to nominal damages or any other relief on such claims. Defendants also deny that Plaintiffs are entitled to relief on any of their other claims. 145. Paragraph 145s allegations constitute Plaintiffs prayer for relief, to which

no answer is required. Defendants deny that Plaintiffs are entitled to any relief.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 146.

GENERAL DENIAL Defendants deny each and every allegation not specifically and expressly

admitted herein. AFFIRMATIVE DEFENSES All or part of Plaintiffs Amended Complaint fails to state a claim upon

which relief can be granted. 2. Eleventh Amendment immunity bars Plaintiffs claim for nominal damages

against Defendants. 3. Defendants. 4. Defendants reserve the right to assert all additional defenses available to Qualified immunity bars Plaintiffs claim for nominal damages against

them, including all defenses that Federal Rules of Civil Procedure 8 and 12 set forth. Having fully answered Plaintiffs Amended Complaint, Defendants respectfully request that the Court deny Plaintiffs requests for declaratory and injunctive relief, order that Plaintiffs take nothing, and award Defendants any such other and further relief as the Court deems appropriate. DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Defendants hereby demand a trial by jury in this action on all issues so triable. Respectfully submitted this 17th day of March, 2014. THOMAS C. HORNE Attorney General Robert L. Ellman Solicitor General s/ Kathleen P. Sweeney Kathleen P. Sweeney Todd M. Allison Assistant Attorneys General Attorneys for Defendants

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CERTIFICATE OF SERVICE I hereby certify that I electronically transmitted the attached document to the Clerks Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following, if CM/ECF registrants, and mailed a copy of same if non-registrants, this 17th day of March, 2014: Shawn K. Aiken, Esq. Heather A. Macre, Esq. William H. Knight, Esq. Stephanie McCoy Loquvam, Esq. Aiken Schenk Hawkins & Ricciardi 2390 East Camelback Road, Ste. 400 Phoenix, Arizona 85016 [email protected] [email protected] [email protected] [email protected] Ryan J. Stevens, Esq.

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Griffen & Stevens Law Firm, PLLC

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#3744098

Mikkel (Mik) Jordahl P.C.

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