United States District Court District of Wyoming

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 1 of 7
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)
Jared S. Crecelius (Wyo. Bar No. 6-4118)
Senior Assistant Attorney General
Ryan T. Schelhaas (Wyo. Bar No. 6-3321)
Michael M. Robinson (Wyo. Bar No. 6-2658)
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
STATE DEFENDANTS MOTION FOR AND BRIEF IN SUPPORT OF

JUDGMENT ON THE PLEADINGS
Defendants, Matthew H. Mead, Governor of Wyoming, and Dean Fausset, and

Dave Urquidez, in their official capacities, by and through the Office of the Wyoming
Attorney General and pursuant to Fed. R. Civ. P. 12(c), respectfully move the Court to
enter judgment against them based upon the pleadings.
Background
This is a case dealing with the State of Wyomings definition of marriage in Wyo.
Stat. Ann. 20-1-101 and whether that statute is unconstitutional following two Tenth
Circuit decisions, Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith,
760 F.3d 1070 (10th Cir. 2014). That statute defines marriage as a civil contract between
a male and a female person to which the consent of the parties capable of contracting is
essential. Wyo. Stat. Ann. 20-1-101. The Tenth Circuit held that the Fourteenth
Amendment protects the fundamental right to marry, establish a family, raise children, and
enjoy the full protection of a states marital laws. A state may not deny the issuance of a
marriage license to two persons, or refuse to recognize their marriage, based solely upon
the sex of the persons in the marriage union. Kitchen, 755 F.3d at 1199. Plaintiffs assert
that Kitchen and Bishop are controlling and, therefore, Wyo. Stat. Ann. 20-1-101 is
unconstitutional. Plaintiffs seek a permanent injunction.
On October 7, 2014, Plaintiffs filed their Complaint for Declaratory and Injunctive
Relief against the State Defendants and Debra K. Lathrop, the Laramie County Clerk.
(Doc. 1.) The Plaintiffs specifically alleged that in direct violation of the United States
Constitution, Wyoming unlawfully denies the issuance of marriage licenses to same-sex
Page 2 of 7
couples, and refuses to recognize the marriages of same-sex couples lawfully entered in
other jurisdictions. (Doc. 1, p. 1.)
Plaintiffs seek a declaration from this Court: 1) that the provisions of and
enforcement by Defendants of Wyomings laws excluding same-sex couples from
marriage, including Wyoming Statute 20-1-101, and any other sources of state law or
practice that excludes same-sex couples form marrying, violate the Unmarried Plaintiffs
rights under the Due Process and Equal Protection Clauses of the United States
Constitution and 42 U.S.C. 1983[ ]; 2) [d]eclaring that the practice, by the Wyoming
Defendants and their subordinates, of refusing to recognize the valid out-of-state marriages
of the Married Plaintiffs and other legally married same-sex couples violates Plaintiffs
rights under the Due Process and Equal Protection Clauses of the United States
Constitution and 42 U.S.C. 1983[ ]; 3) [d]eclaring that the Married Plaintiffs marriages
are valid in the State of Wyoming, in accordance with Wyoming Statute 20-1-111[ ]; 4)
[p]ermanently enjoining enforcement by Defendants of Wyoming Statute 20-1-101 and
any other sources of state law, policy, or practice that exclude the Unmarried Plaintiffs
from marriage or that refuse recognition of the marriages of the Married Plaintiffs[ ]; and
5) [r]equiring Defendants to issue or permit issuance of marriage licenses to the Unmarried
Plaintiffs, pursuant to the same restrictions and limitations applicable to opposite-sex
couples, and without regard to the gender or sexual-orientation of the applicants, and to
recognize the marriages validly entered into by the Married Plaintiffs[.] (Doc. 1, p. 21.)
Page 3 of 7
The next day, Plaintiffs filed a motion for a preliminary injunction and temporary
restraining order. (Doc. 7.) Following a hearing, this Court granted Plaintiffs motion
ruling that it is bound to follow the Tenth Circuits decisions in Kitchen v. Herbert,
755 F.3d 1193 (10th Cir. 2014) and Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014) which
are determinative. (Doc. 44, p. 13.) The Court ordered that Defendants are hereby
enjoined from enforcing or applying Wyoming Statute 20-1-101, or any other state law,
policy, or practice, as a basis to deny marriage to same-sex couples or to deny recognition
of otherwise valid same-sex marriages entered into elsewhere. Marriage licenses may not
be denied on the basis that the applicants are a same-sex couple. (Doc. 44, p. 15.)
Although this Court temporarily stayed its decision so the Defendants could appeal,
neither the State Defendants nor Defendant Lathrop did so. On October 21, 2014, the
Courts preliminary injunction order went into effect. (Doc. 47.)
Since that time, the State Defendants and Plaintiffs have actively negotiated the
form and language of a permanent injunctive order. However, to date, those efforts have
been unsuccessful. Accordingly, on November 7, 2014, State Defendants answered
Plaintiffs Complaint admitting that judgment should be entered against State Defendants
and that a permanent injunction should be granted. (Doc. 53.)
State Defendants specifically admitted 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
Page 4 of 7
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 same-sex couples entered into in Wyoming or
elsewhere. (Doc. 53.)
Argument
Based upon State Defendants Answer, effectively admitting Plaintiffs
allegations, State Defendants ask that judgment be entered against them.
State
Defendants propose that this Court enter judgment on the pleadings in the form of the
proposed order attached to this motion. The proposed order is nearly identical to the relief
granted to the Plaintiffs in the Courts preliminary injunction order and grants Plaintiffs a
permanent injunction. It further grants the Plaintiffs the relief that they are entitled to
from the State Defendants.
It is expected that Plaintiffs will disagree with the proposed order because, in part, it
does not specify that the State Defendants are directed to require state and local officials to
issue marriage licenses to same-sex couples. State Defendants cannot agree to such
language because the State Defendants do not have any authority over issuing marriage
licenses.
See Wyo. Stat. Ann. 20-1-105.
County clerks alone possess statutory
authority to issue marriage licenses.

Page 5 of 7
WHEREFORE, the State Defendants request that the Court grant its motion for
judgment on the pleadings in the form as proposed by the State Defendants, and that it
grant Defendants any other relief deemed appropriate.
DATED this 10th day of November, 2014.
OFFICE OF THE ATTORNEY GENERAL
/s/ Ryan T. Schelhaas

Attorneys for the State Defendants
Cheyenne, WY 82002
(307) 777-7876
(307) 777-3687 fax
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Page 6 of 7
CERTIFICATE OF SERVICE
I certify that on this 10th day of November, 2014, I electronically filed the foregoing with
the CM/ECF system which sent notice to the following:
Tracy L. Zubrod
[email protected]
James Lyman
Thomas W. Stoever, Jr.
[email protected]
Qusair Mohamedbhai
[email protected]
Shannon P. Minter
Christopher F. Stoll
[email protected]
Mark T. Voss
[email protected]
Bernard P. Haggerty
[email protected]
/s/ Ryan T. Schelhaas
Ryan T. Schelhaas
Page 7 of 7
Case 2:14-cv-00200-SWS Document 54-1 Filed 11/10/14 Page 1 of 2
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
ORDER GRANTING PERMANENT INJUNCTION
This matter comes before the Court on State Defendants Motion for Judgment on
the Pleadings. Having considered the motion and being otherwise fully advised, the
Court finds, concludes, and orders:
1.
That judgment be entered in favor of Plaintiffs and against the State
Defendants declaring that the Tenth Circuit Court of Appeals, having 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
Case 2:14-cv-00200-SWS Document 54-1 Filed 11/10/14 Page 2 of 2
having determined that laws prohibiting such marriages, or failing to recognize the
validity of marriages between same-sex couples, are unconstitutional, the State
Defendants must comply with those rulings in administering the duties of their offices.
2.
That the Preliminary Injunction entered by this Court on October 17, 2014
(Doc. 44) and given immediate effect on October 21, 2014 (Doc. 47) be made permanent
such that the State Defendants, including state employees whose work they control or
direct, are enjoined from enforcing or applying Wyoming Statute 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 same-sex couples entered
into in Wyoming or elsewhere.
Dated this ___ day of November, 2014.
______________________________________
Scott W. Skavdahl
United States District Judge

Wyoming Attorney Generals Office
Cheyenne, WY 82002
(307) 777-7876
(307) 777-3687 fax

United States District Court District of Wyoming

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Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 1 of 7

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

UNITED STATES DISTRICT COURT

Civil No. 14-CV-200-SWS

STATE DEFENDANTS MOTION FOR AND BRIEF IN SUPPORT OF

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 2 of 7

Defendants, Matthew H. Mead, Governor of Wyoming, and Dean Fausset, and

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 3 of 7

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 4 of 7

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 5 of 7

See Wyo. Stat. Ann. 20-1-105.

County clerks alone possess statutory

authority to issue marriage licenses.

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 6 of 7

OFFICE OF THE ATTORNEY GENERAL

/s/ Ryan T. Schelhaas

Case 2:14-cv-00200-SWS Document 54 Filed 11/10/14 Page 7 of 7

Case 2:14-cv-00200-SWS Document 54-1 Filed 11/10/14 Page 1 of 2

UNITED STATES DISTRICT COURT

Anne Marie Guzzo and Bonnie Robinson;

Civil No. 14-CV-200-SWS

ORDER GRANTING PERMANENT INJUNCTION

That judgment be entered in favor of Plaintiffs and against the State

Case 2:14-cv-00200-SWS Document 54-1 Filed 11/10/14 Page 2 of 2

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

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