Case 4:13-cv-00410-KGB Document 19 Filed 01/31/14 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RITA AND PAM JERNIGAN; BECCA AND TARA AUSTIN VS. LARRY CRANE, IN HIS OFFICIAL CAPACITY AS CIRCUIT AND COUNTY CLERK FOR PULASKI COUNTY, ARKANSAS, ET AL NO. 4:13-CV-410KGB

PLAINTIFFS

DEFENDANTS

ANSWER TO AMENDED COMPLAINT OF SEPARATE DEFENDANT, LARRY CRANE, IN HIS OFFICIAL CAPACITY AS CIRCUIT AND COUNTY CLERK FOR PULASKI COUNTY, ARKANSAS COMES the separate Defendant, Larry Crane, in his official capacity as the Circuit and County Clerk of Pulaski County, Arkansas, by his attorneys, Fuqua Campbell, P.A., and for his Answer to the Amended Complaint of the Plaintiffs, Rita and Pam Jernigan; and Becca and Tara Austin, state: 1. The separate Defendant acknowledges the basis of the Plaintiffs claims but

denies the allegations of paragraph 1 of the Amended Complaint to the extent that they are factual and require admission or denial. 2. The separate Defendant acknowledges that the Plaintiffs cite and quote the

law and make legal contentions. 3. The separate Defendant acknowledges that the Plaintiffs cite and quote

Windsor and make legal contentions.

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4.

The separate Defendant acknowledges that the Plaintiffs cite cases, quote

Windsor and make legal contentions. 5. The separate Defendant acknowledges that the Plaintiffs make legal

contentions based on the holding in Windsor. 6. The separate Defendant acknowledges that the Plaintiffs make legal

contentions based on the holding in Windsor. 7. The separate Defendant acknowledges that the Plaintiffs refer to other cases

in other jurisdictions. 8. The separate Defendant acknowledges that the Plaintiffs refer to cases in

other jurisdictions. 9. The separate Defendant acknowledges the basis of the Plaintiffs claims but

denies the allegations of Paragraph 9 of the Amended Complaint to the extent that they are factual and require admission or denial. 10. The separate Defendant assumes the personal status allegations of Paragraph

10 of the Amended Complaint are true but lacks knowledge or information sufficient to admit or deny them. The remaining allegations of Paragraph 10 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. 11. The separate Defendant assumes the personal status allegations of Paragraph

11 of the Amended Complaint are true but lacks knowledge or information sufficient to admit or deny them. The remaining allegations of Paragraph 11 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. 2

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12.

The separate Defendant assumes the personal status allegations of Paragraph

12 of the Amended Complaint are true but lacks knowledge or information sufficient to admit or deny them. The remaining allegations of paragraph 12 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. The separate Defendant admits that a marriage license is attached as Exhibit 1 to the Amended Complaint. 13. The separate Defendant assumes the personal status allegations of Paragraph

13 of the Amended Complaint are true but lacks knowledge or information sufficient to admit or deny them. The remaining allegations of paragraph 13 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. 14. The separate Defendant assumes the personal status allegations of Paragraph

14 of the Amended Complaint are true but lacks knowledge or information sufficient to admit or deny them. The remaining allegations of paragraph 14 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. 15. The separate Defendant admits that the Plaintiffs applied for marriage

licenses in Pulaski County and that he denied issuance of licenses to them based on state law and that he sent the letters. The separate Defendant admits that the exhibits attached are accurate. The remaining allegations of paragraph 15 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such.

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16.

The separate Defendant assumes the personal status allegations of Paragraph

16 of the Amended Complaint are true but lacks knowledge or information sufficient to admit or deny them. The remaining allegations of paragraph 16 of the Amended Complaint are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. 17. The separate Defendant acknowledges that he is sued in his official capacity.

The separate Defendant admits that he must issue a marriage license if the requirements of Arkansas law are satisfied. The Separate Defendant admits that his office declined to issue marriage licenses to the Plaintiffs. 18. The separate Defendant admits the allegations of paragraph 18 of the

Amended Complaint. 19. The separate Defendant admits the allegations of paragraph 19 of the

Amended Complaint. 20. The separate Defendant admits the allegations of paragraph 20 of the

Amended Complaint. 21. The separate Defendant denies the allegations of paragraph 21 of the

Amended Complaint. 22. 23. 24. The separate Defendant admits that this Court has jurisdiction. The separate Defendant admits that venue in this Court is proper. Marriage is a status conferred by state law regardless of the sex of the

participants and the separate Defendant denies the allegations of paragraph 24 of the Amended Complaint.

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25.

The separate Defendant acknowledges the Plaintiffs quotations and

references in Paragraph 25 of the Amended Complaint but states that the allegations of paragraph 25 are the Plaintiffs legal contentions, not statements of fact, and the separate Defendant denies them as such. 26. The separate Defendant acknowledges the Plaintiffs quotations and

references in Paragraph 26 of the Amended Complaint but states that the allegations of paragraph 26 are the Plaintiffs speculations and legal contentions, not statements of fact, and the separate Defendant denies them as such. 27. The allegations of paragraph 27 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 28. The allegations of paragraph 28 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 29. The allegations of paragraph 29 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 30. The allegations of paragraph 30 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 31. The allegations of paragraph 31 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 32. The separate Defendant denies the allegations of paragraph 32 of the

Amended Complaint. 33. The separate Defendant denies the allegations of paragraph 33 of the

Amended Complaint. 34. The separate Defendant incorporates the foregoing paragraphs of this Answer. 5

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35.

The allegations of paragraph 35 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 36. The allegations of paragraph 36 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 37. The allegations of paragraph 37 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 38. The allegations of paragraph 38 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 39. The allegations of paragraph 39 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 40. The separate Defendant denies the allegations of paragraph 40 of the

Amended Complaint. 41. The separate Defendant denies the allegations of paragraph 41 of the

Amended Complaint. 42. The separate Defendant denies the allegations of paragraph 42 of the

Amended Complaint. 43. 44. The separate Defendant incorporates the foregoing paragraphs of this Answer. The allegations of paragraph 44 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 45. The allegations of paragraph 45 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 46. The separate Defendant denies the allegations of paragraph 46 of the

Amended Complaint. 6

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47.

The separate Defendant denies the allegations of paragraph 47 of the

Amended Complaint. 48. The separate Defendant denies the allegations of paragraph 48 of the

Amended Complaint. 49. The separate Defendant denies the allegations of paragraph 49 of the

Amended Complaint. 50. 51. The separate Defendant incorporates the foregoing paragraphs of this Answer. The allegations of paragraph 45 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 52. The allegations of paragraph 45 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 53. The separate Defendant denies the allegations of paragraph 53 of the

Amended Complaint. 54. The separate Defendant denies the allegations of paragraph 54 of the

Amended Complaint. 55. The separate Defendant denies the allegations of paragraph 55 of the

Amended Complaint. 56. 57. The separate Defendant incorporates the foregoing paragraphs of this Answer. The allegations of paragraph 57 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 58. The allegations of paragraph 58 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such.

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59.

The separate Defendant denies the allegations of paragraph 59 of the

Amended Complaint. 60. The separate Defendant denies the allegations of paragraph 60 of the

Amended Complaint. 61. The separate Defendant denies the allegations of paragraph 61 of the

Amended Complaint. 62. The separate Defendant denies the allegations of paragraph 62 of the

Amended Complaint. 63. 64. The separate Defendant incorporates the foregoing paragraphs of this Answer. The allegations of paragraph 64 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 65. The allegations of paragraph 65 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 66. The separate Defendant denies the allegations of paragraph 66 of the

Amended Complaint. 67. The separate Defendant denies the allegations of paragraph 67 of the

Amended Complaint. 68. The separate Defendant denies the allegations of paragraph 68 of the

Amended Complaint. 69. The separate Defendant denies the allegations of paragraph 60 of the

Amended Complaint. 70. The separate Defendant denies the allegations of paragraph 70 of the

Amended Complaint. 8

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71.

The separate Defendant denies the allegations of paragraph 71 of the

Amended Complaint. 72. The separate Defendant denies the allegations of paragraph 72 of the

Amended Complaint. 73. The separate Defendant denies the allegations of paragraph 73 of the

Amended Complaint. 74. The separate Defendant denies the allegations of paragraph 74 of the

Amended Complaint. 75. 76. The separate Defendant incorporates the foregoing paragraphs of this Answer. The separate Defendant admits that the Plaintiffs accurately quoted the Equal

Protection Clause of the Fourteenth Amendment. 77. The separate Defendant admits that the Plaintiffs accurately quote from the

Arkansas Constitution and statutes. 78. The allegations of paragraph 78 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 79. The allegations of paragraph 79 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 80. The allegations of paragraph 80 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 81. The allegations of paragraph 81 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 82. The allegations of paragraph 82 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 9

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83.

The allegations of paragraph 83 of the Amended Complaint are the Plaintiffs

legal contentions, not statements of fact, and the separate Defendant denies them as such. 84. The separate Defendant denies the allegations of paragraph 84 of the

Amended Complaint. 85. The separate Defendant denies the allegations of paragraph 85 of the

Amended Complaint. 86. The separate Defendant denies the allegations of paragraph 86 of the

Amended Complaint. 87. 88. 89. The separate Defendant incorporates the foregoing paragraphs of this Answer. The separate Defendant acknowledges the Plaintiffs request for relief. The separate Defendant acknowledges the Plaintiffs reliance on Rule 65 of

the Federal Rules of Civil Procedure. 90. accurately. 91. The separate Defendant denies the allegations of paragraph 91 of the The separate Defendant acknowledges that the Plaintiffs quote the law

Amended Complaint. 92. The separate Defendant lacks knowledge of the allegations of paragraph 92 of

the Amended Complaint and, therefore, denies them. 93. The separate Defendant lacks knowledge of the allegations of paragraph 93 of

the Amended Complaint and, therefore, denies them. 94. The separate Defendant denies the allegations of paragraph 94 of the

Amended Complaint.

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95.

The separate Defendant denies the allegations of paragraph 95 of the

Amended Complaint. 96. The separate Defendant denies the allegations of paragraph 96 of the

Amended Complaint. 97. The separate Defendant denies the allegations of paragraph 97 of the

Amended Complaint. 98. The separate Defendant denies the allegations of paragraph 98 of the

Amended Complaint. 99. The separate Defendant denies, generally and specifically, each and every

material allegation of the Amended Complaint not specifically admitted herein. WHEREFORE, premises considered, the separate Defendant, Larry Crane, in his official capacity as the Circuit and County Clerk of Pulaski County, Arkansas, prays that the Amended Complaint of the Plaintiffs, Rita and Pam Jernigan; and Becca and Tara Austin, be dismissed, for their costs herein, and for all other appropriate relief.

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Fuqua Campbell, P.A. Attorneys at Law Riviera Tower 3700 Cantrell Road, Suite 205 Little Rock, Arkansas 72202 (501) 374-0200

By: David M. Fuqua Ark. Bar No. 80048 E-mail: dfuqua@fc-lawyers.com Attorneys for the separate Defendant, Larry Crane, in his Official Capacity CERTIFICATE OF SERVICE I, David M. Fuqua, do hereby certify that I served a copy of the foregoing by means of the Courts ECF/CM system on the following attorneys of record: Sarah Cowan sarah@wagonerlawfirm.com Nga Mahfouz nga.mahfouz@arkansasag.gov Angela Griffith Mann angela@wagonerlawfirm.com R. Keith Pike keith@wagonerlawfirm.com Jack Wagoner , III jack@wagonerlawfirm.com on this 31st day of January, 2014.

David M. Fuqua

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