Others

3:13-cv-02351 #78

Description
Doc 78 - Defendants' Motion for Judgment on the Pleadings
Categories
Published
of 52
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
   IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Katherine Bradacs and Tracie Goodwin, ) Civil Action No. 3:13-cv-02351-JMC ) Plaintiffs, ) ) v. ) ) DEFENDANTS’ MOTION FOR  Nimrata (“Nikki”) Randhawa Haley, in her ) JUDGMENT ON THE PLEADINGS official capacity as Governor of South ) Carolina; Alan M. Wilson, in his official ) Capacity as Attorney General, ) ) Defendants. )  _______________________________ ) The Defendants move for judgment on the pleadings herein pursuant to Rule 12(c), FRCP, for the reasons set forth in the attached Memorandum in Support of Motion for Judgment on the Pleadings which is incorporated by reference. Those grounds include, but are not limited to, federalism, Eleventh Immunity, lack of standing to sue the named Defendants, the rational  bases for the challenged provisions and the inapplicability of the Full Faith and Credit Clause. ALAN WILSON Attorney General Federal ID No.10457 ROBERT D. COOK Solicitor General Federal ID No. 285 Email: BCOOK@SCAG.GOV  [Signature block continues next page] 1 3:13-cv-02351-JMC Date Filed 10/23/14 Entry Number 78 Page 1 of 2   /s/ J. Emory Smith, Jr. J. EMORY SMITH, JR. Deputy Solicitor General Federal ID No. 3908 Email: ESMITH@SCAG.GOV  IAN P. WESCHLER Assistant Attorney General Federal ID No. 11744 BRENDAN J. MCDONALD Assistant Attorney General Federal ID No. 10659 Post Office Box 11549 Columbia, South Carolina 29211 Phone: (803) 734-3680 Fax: (803) 734-3677 Counsel for Defendants October 23, 2014 Governor and Attorney General 2 3:13-cv-02351-JMC Date Filed 10/23/14 Entry Number 78 Page 2 of 2   IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Katherine Bradacs and Tracie Goodwin, ) Civil Action No. 3:13-cv-02351-JMC ) Plaintiffs, ) ) v. ) MEMORANDUM IN SUPPORT OF ) DEFENDANTS’ MOTION FOR  Nimrata (“Nikki”) Randhawa Haley, in her ) JUDGMENT ON THE PLEADINGS official capacity as Governor of South ) Carolina; Alan M. Wilson, in his official ) Capacity as Attorney General, ) ) Defendants. )  _____________________________ ______ ) This suit has been brought in the wrong Court against the wrong parties. These grounds were not considered in the Fourth Circuit Court of Appeals same-sex marriage decision, and they are dispositive of this case.  Bostic v. Schaefer  , 760 F.3d 352 (4th Cir. 2014). Plaintiffs, who are both female, allege that they were married in the District of Columbia in 2012, that their marriage is recognized under DC law and that they have two children. Plaintiffs seek recognition of that marriage by the State of South Carolina and possibly argue that they are entitled to marry in this State. State law does not allow or recognize same-sex marriages, and Plaintiffs challenge two of those provisions. S.C. Code Ann §20-1-15; S.C. Const art. XVII, §15 1  Therefore, this case presents the question of whether those laws are valid, 1   Section 20-1-15 provides that “[a] marriage between persons of the same sex is void ab initio and against the public policy of this State.” See also , §20-1-10 (persons who may marry – same sex couples excluded) – not challenged in this action. In March, 2007, S.C. Const art. XVII, §15 became effective and provided as follows: 3:13-cv-02351-JMC Date Filed 10/23/14 Entry Number 78-1 Page 1 of 45   but also whether this suit should be dismissed due to federalism, Eleventh Amendment Immunity and lack of standing to sue the named defendants. These laws are valid, and this challenge to them is not properly before this Court. The issue of same-sex marriage has proceeded through the Federal Courts in other states at an unprecedented pace. Centuries of precedent have been swept away in other jurisdictions in the space of only two or three years. Never have the Courts made judgments so quickly about an issue that had received little attention before now. But the legal proceedings are not over. The United States Supreme Court has not weighed in. Many Courts of Appeals have not decided the cases before them or are still in process in the District Courts. Although a 2-1 Panel of the Court of Appeals for the Fourth Circuit has overturned Virginia’s same-sex marriage ban, that case did not consider issues that are dispositive of the instant case.  Bostic . The defenses named above and discussed, infra, take this case outside of the  Bostic  precedent and warrant judgment for the Defendants. I PRINCIPLES OF FEDERALISM DICTATE THAT THIS ACTION IS IMPROPERLY BROUGHT IN FEDERAL COURT The Court should dismiss this action, based upon overriding principles of federalism. Because this case seeks to decide the core question of two people’s marital status, it belongs in A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated.  Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.   2 3:13-cv-02351-JMC Date Filed 10/23/14 Entry Number 78-1 Page 2 of 45
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks