IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION VALERIA TANCO and

SOPHY JESTY, et al., Plaintiffs, vs. WILLIAM EDWARD BILL HASLAM, as Governor of the State of Tennessee, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 3:13-cv-01159 Trauger/Griffin

DEFENDANTS RESPONSE TO MOTION TO INTERVENE

Defendants hereby file this response to the Motion to Intervene filed by Ms. Susan Martin (Doc. No. 57). Intervention is governed by Rule 24 of the Federal Rules of Civil Procedure, which describes two methods of intervention: intervention by right and permissive intervention. Fed. R. Civ. P. 24. Intervention by right requires either a federal statute providing an unconditional right to intervene or an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movants ability to protect its interest. Fed. R. Civ. P. 24(a). Permiss ive intervention requires a federal statute granting a conditional right to intervene or a claim or defense that shares with the main action a common question of law or fact. Fed. R. Civ. P. 24(b). The instant action concerns a constitutional challenge to Tennessees Marriage Laws naming state officials as defendants. Ms. Martins suit in Martin v. Colvin, No. 3:14-cv-00209 (M.D.Tenn. Feb. 24, 2014) (Doc. No. 57-1), cited in support of intervention, concerns a federal

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taxation issue naming the Acting Commissioner of Social Security as a defendant. (Doc. No. 57). It therefore appears that Ms. Martin does not meet the requirements for either intervention by right or permissive intervention.

Respectfully submitted, ROBERT E. COOPER, JR. Attorney General and Reporter

s/Martha A. Campbell MARTHA A. CAMPBELL #14022 Deputy Attorney General General Civil Division Cordell Hull Building, Second Floor P. O. Box 20207 Nashville, TN 37214 (615) 741-6420 martha.campbell@ag.tn.gov

CERTIFICATE OF SERVICE I hereby certify that on March 12, 2014, a copy of the foregoing was filed electronically. Notice of this filing will be sent by operation of the Courts electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Courts electronic filing system. Notice of this filing will be sent via first class mail, postage prepaid, to the following parties: Jonathan Scruggs, Esq. Alliance Defending Freedom 1511 N. 90th Street Scottsdale, Arizona 85260 Attorney for Amicus Curiae Family Action Council of Tennessee Susan G. Martin 602 Pemberton Drive Lebanon, Tennessee 37087 Pro Se, Motion to Intervene Pending

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s/ Martha A. Campbell MARTHA A. CAMPBELL TBPR# 14022 Office of the Attorney General P.O. Box 20207 Nashville, TN 37202 (615) 741-6420

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