3:14-cv-00213 #53

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

General Synod of The United Church of Christ;
Central Conference of American Rabbis; Alliance of
Baptists, Inc.; Association of Welcoming &
Affirming Baptists; Reverend Joseph Hoffman;
Reverend Nancy Ellett Allison; Reverend Nathan
King; Reverend Nancy Kraft; Rabbi Jonathan
Freirich; Reverend Robin Tanner; Reverend Mark
Ward; Reverend Dr. Nancy E. Petty; The Very
Reverend Todd Donatelli; The Reverend Canon
Thomas Murphy; Reverend Milly Morrow; Rabbi
Lucy H.F. Dinner; Rabbi Ari N. Margolis; Rabbi
Ariel Edery; Rabbi Eric M. Solomon; Reverend
Russ Dean; Reverend Amy Jacks Dean; Kay Diane
Ansley; Catherine Cathy McGaughey; Elizabeth
Lisa Cloninger; Kathleen Smith; Shauna Bragan;
Stacy Maloney; Cathy Fry; Joanne Marinaro; Joel
Blady; Jeffrey Addy; Betty Mack; and Carol Taylor;

Plaintiffs,

v.

Roy Cooper, Attorney General of North Carolina;
Drew Reisinger, Register of Deeds for Buncombe
County; Wayne Nixon, Register of Deeds for
Cabarrus County; Tonia Hampton, Register of
Deeds for McDowell County; J. David Granberry,
Register of Deeds for Mecklenburg County; Laura
M. Riddick, Register of Deeds for Wake County;
Ronald L. Moore, Buncombe County District
Attorney; Roxann Vaneekhoven, Cabarrus County
District Attorney; Bradley Greenway, McDowell
County District Attorney; Andrew Murray,
Mecklenburg County District Attorney; and Ned
Mangum, Wake County District Attorney;

Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civ. No. 3:14-cv-213

APPENDIX TO AMENDED COMPLAINT
Case 3:14-cv-00213-RJC-DCK Document 53 Filed 06/03/14 Page 1 of 5

Plaintiffs submit the attached exhibits to their Amended Complaint:
1. Declaration of the General Synod of The United Church of Christ
2. Declaration of the Central Conference of American Rabbis
3. Declaration of the Alliance of Baptists, Inc.
4. Declaration of the Association of Welcoming & Affirming Baptists
5. Declaration of Reverend Joseph Hoffman
6. Declaration of Reverend Nancy Ellett Allison
7. Declaration of Reverend Nathan King
8. Declaration of Reverend Nancy Kraft
9. Declaration of Rabbi Jonathan Freirich
10. Declaration of Reverend Robin Tanner
11. Declaration of Reverend Mark Ward
12. Declaration of Reverend Dr. Nancy E. Petty
13. Declaration of The Very Reverend Todd Donatelli
14. Declaration of The Reverend Canon Thomas Murphy
15. Declaration of Reverend Milly Morrow
16. Declaration of Rabbi Lucy H.F. Dinner
17. Declaration of Rabbi Ari N. Margolis
18. Declaration of Rabbi Ariel Edery
19. Declaration of Rabbi Eric M. Solomon
20. Declaration of Reverend Russ Dean
21. Declaration of Reverend Amy Jacks Dean
22. Declaration of Kay Diane Ansley
23. Declaration of Catherine Cathy McGaughey
24. Declaration of Elizabeth Lisa Cloninger
25. Declaration of Kathleen Smith
26. Declaration of Shauna Bragan
27. Declaration of Stacy Maloney
28. Declaration of Cathy Fry
29. Declaration of Joanne Marinaro
30. Declaration of Joel Blady
31. Declaration of Jeffrey Addy
32. Declaration of Betty Mack
33. Declaration of Carol Taylor

Dated: June 3, 2014

Jonathan S. Martel
David J. Weiner
Samuel Witten
Sarah E. Warlick
Thomas A. Glazer
Arnold & Porter LLP
555 Twelfth Street, N.W.
Washington, D.C. 20004
Phone: (202) 942-5470
Fax: (202) 942-5999
Email: jonathan.martel@aporter.com
Admitted Pro Hac Vice

Sean Morris
Arnold & Porter LLP
777 South Figueroa St.
Los Angeles, CA 90017
Phone: (213) 243-4222
Email: sean.morris@aporter.com
Admitted Pro Hac Vice

Respectfully submitted,

/s/ S. Luke Largess
S. Luke Largess
/s/ Jacob H. Sussman
Jacob Sussman
/s/ John W. Gresham
John W. Gresham
Tin Fulton Walker & Owen
301 East Park Avenue
Charlotte, NC 28203
Phone: (704) 338-1220
Fax: (704) 338-1312
Email: llargess@tinfulton.com
Email: jsussman@tinfulton.com
Email: jgresham@tinfulton.com

Mark Kleinschmidt
312 West Franklin Street
Chapel Hill NC 27516
Phone: (919) 240-7089
Fax: (919) 240-7822
Email: mkleinschmidt@tinfulton.com

ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing Appendix to Amended Complaint
with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
to all counsel of record.

/s/ Jacob H. Sussman
Jacob Sussman
301 East Park Avenue
Charlotte, NC 28203
Phone: (704) 338-1220
Fax: (704) 338-1312
Email: jsussman@tinfulton.com

DECLARATION OF THE GENERAL SYNOD OF
THE UNITED CHURCH OF CHRIST
1. The undersigned are of majority age and competent to testify to the following
facts based on the undersigned's personal knowledge.
2. The United Church of Christ ("UCC") is a Protestant religious denomination. It
was formed in 1957 by the union ofthe Evangelical and Reformed Church and
the General Cow1cil of the Congregational Christian Churches ofthe United
States in order to express more fully the oneness in Christ of the churches
composing it, to make effective their common witness in Christ, and to serve
God's people in the world.
3. The UCC is comprised of approximately 1.1 million members worshiping in over
5,100 Local Churches around the United States. In North Carolina, there are over
24,000 UCC members and over 400 clergy authorized or affiliated with the UCC
worshiping at approximately 155 Local Churches.
4. The General Synod of the United Church of Christ ("General Synod") is the
representative body of the UCC. The General Synod is the gathering of a faith
community representative of the wider church to listen for and discern the call of
God to the UCC. Delegates from the UCC's 38 Conferences, regional judicatory
bodies, meet at the General Synod every two years to deliberate, discern, and
identify the mission of the wider church in God's world and offer suggestions,
invitations, challenges, and assistance in covenant with Local Churches and other
settings as they engage in mission together.
5. The UCC is a church of extravagant welcome, a term within the UCC that means
that no matter who you are and where you are on life's journey, you are welcome
in our church. The UCC believes in a Still Speaking God, and affirms the
responsibility of the church in each generation to make the Christian faith its own
in reality of worship, in honesty of thought and expression, and in purity of heart
before God.
6. The UCC has a rich heritage of supporting equal rights for all of God's people
and robust protection of their right freely to exercise their religious beliefs. For
more than 30 years, the General Synod of the UCC has adopted resolutions
affirming lesbian, gay, bisexual, and transgender ("LGBT") persons; calling for
an end to discrimination and for equal protection under the law; deploring LGBT
hate crimes and violence; supporting LGBT relationships and families;
celebrating the gifts of LGBT persons for ministry; and encouraging all settings of
the church to be open and affirming of LGBT persons, welcoming them and
encouraging their participation in every aspect of the mission and ministry of the
church.
1
Case 3:14-cv-00213-RJC-DCK Document 53-1 Filed 06/03/14 Page 1 of 4
7. In July of 1977, the General Synod adopted a resolution resulting in the
development of a Book of Worship for the UCC, which is a resource of liturgies
and orders of religious services and ceremonies for clergy. The Book of Worship
also serves as an instrument in bringing members closer to the Holy One in whom
we live and move and have our being.
8. As set forth in the UCC Book of Worship, the essence of marriage is a covenanted
commitment that has its foundation in the faithfulness of God's love. The
maniage ceremony is the glad occasion on which two people unite in the mutual
exchange of covenant promises. The presiding clergy person acts as an official
representative of the church and gives the marriage the church's blessing. The
congregation joins in affirming the marriage and in offering support and
thanksgiving for the new family.
9. In 1975, the tenth General Synod declared that "as a child of God, every person is
endowed with worth and dignity that human judgment cannot set aside. Denial
and violation of the civil liberties of the individual and her or his right to equal
protection under the law undermines that worth and dignity and is, therefore,
morally wrong." In 1977, the eleventh General Synod urged that U.S. States
legislatively recognize that marriage between a man and a woman is "not the only
stable living unit which is entitled to legal protection in regards to socio-economic
rights and responsibilities." In 1993, the nineteenth General Synod called on
members of the church for greater leadership to end discrimination against gays
and lesbians. And in 2005, the twenty-fifth General Synod affirmed equal
marriage rights for couples regardless of sex. The resolution specifically opposed
legislation that denies adult couples the right to marry based on gender.
10. After the General Synod's 2005 resolution affirming marriage equality, and as a
result of that resolution, the order for a religious marriage ceremony appearing in
the UCC's Book of Worship affirmed its support for "equal marriage rights for
couples regardless of gender." As a result of the 2005 resolution, the UCC's
Book of Worship was modified so that it could be performed for same sex couples
in UCC Local Churches and by UCC authorized ministers. Importantly, the order
for a Holy Union or religious marriage ceremony in the liturgy of the UCC has
since 2005 been identical for same sex and different sex couples.
11. As is the case in many faith traditions, the performance of religious marriage
ceremonies is a core function and purpose ofUCC clergy. For many members of
the UCC, a marriage ceremony in their Local Church performed by their chosen
minister is a profound expression of love for their partner and embrace by their
community . . For the couple getting married, this ceremony is a public affirmation
ofthe marriage in the context of their church and faith. This expression of faith
and public affirmation of love, in the strong view of the UCC, has the identical
religious significance whether the couple is same sex or opposite sex. The UCC
2
therefore does not discriminate between same sex or different sex couples in the
celebration of marriage.
12. Amendment One and the other North Carolina laws defining marriage as
exclusively between opposite sex couples prohibit UCC clergy from performing
religious rites that solemnize the union of same-sex congregant couples on an
equal basis without fear of criminal prosecution and civil penalty. Because North
Carolina requires a license for any "ceremony of marriage," see N.C. Gen. Stat.
51-6, and because same-sex couples cannot obtain such a license, state law
prohibits UCC clergy from solemnizing a same-sex marriage in accordance with
traditions of the UCC by blessing that relationship in the eyes of God. This law
precludes the ability ofUCC clergy from participating in one ofthe fundamental
aspects of their religious tradition with respect to a specific segment of their
congregations in North Carolina. The threat of criminal prosecution and civil
penalty places an excessive burden on UCC clergy in discharging their duties and
has a chilling effect on the free exercise of their faith.
13. These laws further prevent the UCC's clergy and members from associating for
purposes of expressing their religious beliefs by conducting marriage ceremonies.
14. Along similar lines, Amendment One and the other North Carolina marriage laws
harm the UCC directly by burdening its ability to pursue its core principles with
respect to same-sex congregants within the state ofNorth Carolina. The laws
further impede the UCC's ability to build and establish a religious community
inclusive of same sex couples' family units.
15. Depriving the UCC, its clergy, and its members of the freedom to conduct or to be
united in marriage ceremonies in North Carolina stigmatizes our religious beliefs
and relegates many of our brothers and sisters in the faith to second class status.
Amendment One and the other North Carolina marriage laws tell us that our
religious views are invalid and that same-sex relationships are less worthy than
opposite-sex relationships. These laws not only deny us our rights of religious
freedom but also humiliate our members by denigrating the integrity and
closeness of their families and their religious beliefs.
16. As a result of these burdens that Amendment One and North Carolina's marriage
laws place on the UCC' s religious freedom and freedom to associate, the UCC as
an institution is suffering. It cannot fully effect its purpose of witnessing in Christ
and its belief that it must provide an extravagant welcome to all when it is
prevented from celebrating marriage ceremonies that are integral to its faith
practice.
17. UCC clergy in North Carolina are also suffering, as Amendment One and North
Carolina's Marriage Laws prevent members of the clergy from celebrating
marriage ceremonies, and they are therefore unable to fully minister to
congregants according to God's call to them, the declarations of the General
Synod, and their own conscience.
3
18. UCC members in North Carolina are also suffering, as Amendment One and
North Carolina's marriage laws prohibit some UCC members from participating
in a ceremony that is integral to their faith practice, preventing them from fully
expressing their faith in and commitment to God through a ritual that is
fundamental for many in the denomination.
19. We declare under penalty of perjury, under the laws of the State of North Carolina
and under the laws of the United States of America, that the foregoing facts are
true.
REV. BERNARD WILSON
CHAIR, UNITED CHURCH OF CHRIST
BOARD
FREY A. BLACK
.L:> ....... L.J MINISTER AND PRESIDENT
EXECUTIVE MINISTER, LOCAL CHURCH
MINISTRIES
4
1
DECLARATION OF THE CENTRAL CONFERENCE OF AMERICAN RABBIS
1. The undersigned are of majority age and competent to testify to the following facts
based on their personal knowledge.
2. The Central Conference of American Rabbis (CCAR) is the rabbinic leadership
organization of the Reform Movement of Judaism. The CCAR, founded in 1889, is
the oldest and largest rabbinic organization in North America, with a present
membership of approximately 2000 rabbis. It projects a powerful voice in the
religious life of the American and international Jewish communities. The CCARs
unique contribution to a continued vibrant Jewish community and Reform Movement
lies in its work fostering excellence in Reform Rabbis; enhancing unity and
connectedness among Reform Jews; applying Jewish values to contemporary life; and
creating a compelling and accessible Judaism for today and the future.
3. CCAR rabbis lead and serve nearly 1.5 million Jews in all walks of life, in North
America, and beyond, in congregational and community settings, as well as local
Hillel organizations, universities, hospital and institutional chaplains, and in the
military.
4. Twenty-five CCAR rabbis serve congregations and communities in North Carolina.
5. Consistent with the fundamental principle of Judaism that every human being is
created in Gods image, the CCAR has been in the vanguard of support for the full
recognition of equality for lesbians and gays in society.
6. Since 1993, the CCAR has been on record supporting full civil rights for gays and
lesbians. In 1996, the CCAR articulated its support for full equal civil rights,
including marriage for gay and lesbian couples and its opposition to governmental
efforts to ban gay and lesbian marriage.
7. In 2000, at the CCAR annual national convention held in Greensboro, N.C., the
plenum passed overwhelmingly a resolution declaring that the relationship of a
Jewish, same-sex couple is worthy of affirmation through appropriate Jewish ritual
and resolving, further, to support the decision of those of its members who choose to
officiate at rituals of marriage for such couples. Further, it called upon the CCAR to
develop both educational and liturgical resources in this area for use by CCAR rabbis
in officiating at same-sex marriage ceremonies.
8. Pursuant to the 2000 resolution described above, the CCAR provides extensive
resources for rabbis conducting gay and lesbian marriages, including CCAR
resolutions related to gay and lesbian couples and marriage, important internet links,
marital vow variations, Hebrew and English options for wedding blessings, Ketubot
(Jewish marriage contracts) for same sex couples, a Document of Separation, and
guidance for pre-marital counseling for same sex couples.
9. In Judaism, officiating at life-cycle ceremonies, including weddings, is a primary
rabbinic function. For couples, whether heterosexual or same-sex, a Jewish wedding
2
ceremony represents a public affirmation of their religious values and identity and
their connection with Jewish tradition, the Jewish community, and the Jewish people.
10. Amendment One and the other North Carolina laws defining marriage as exclusively
between opposite-sex couples prohibit CCAR rabbis from performing religious rituals
that solemnize the union of same-sex couples on an equal basis without fear of
criminal prosecution and civil penalty. Because North Carolina requires a license for
any ceremony of marriage, see N.C. Gen. Stat. 51-6, and because same-sex
couples cannot obtain such a license, State law prohibits CCAR rabbis from
solemnizing a same-sex marriage in accordance with their interpretation of Jewish
tradition by blessing that relationship in the eyes of God. This law precludes CCAR
rabbis from participating in one of the fundamental aspects of their religious tradition
with respect to a specific segment of their congregations and communities in North
Carolina. The threat of criminal prosecution and civil penalty under N.C. Gen. Stat.
51-7 places an excessive burden on CCAR rabbis in discharging their duties and has a
chilling effect on the free exercise of their religion.
11. These laws further prevent CCAR rabbis from associating for purposes of expressing
their religious beliefs by conducting marriage ceremonies.
harm the CCAR directly by burdening its ability to pursue its core principles with
respect to same-sex couples within the state of North Carolina. The laws further
impede CCAR rabbis ability to build and establish religious congregations and
communities inclusive of same sex couples family units.
13. Depriving CCAR rabbis of the freedom to conduct same-sex marriage ceremonies in
North Carolina stigmatizes our religious beliefs and relegates many of our
congregants and community members to second-class status. Amendment One and
the other North Carolina marriage laws tell us that our religious views are invalid and
that same-sex relationships are less worthy than opposite-sex relationships. These
laws not only deny us our rights of religious freedom but also humiliate our
congregants and community members by denigrating the integrity and closeness of
their families and their religious beliefs.
14. As a result of the burdens that Amendment One and North Carolinas marriage laws
place on CCAR rabbis religious freedom and freedom to associate, the CCAR as an
institution is suffering. It cannot fully carry out its mission of empowering Reform
Rabbis to provide religious, spiritual, and organizational leadership.
15. Individual CCAR rabbis in North Carolina are also suffering, as Amendment One and
North Carolinas Marriage Laws prevent CCAR rabbis from officiating at same-sex
marriage ceremonies. They are therefore unable to fully serve their congregants and
community members according to their understanding of Jewish tradition and their
own conscience.

DECLARATION OF THE ALLIANCE OF BAPTISTS

1. I, Michael Castle, submit this affidavit on behalf of The Alliance of Baptists, Inc. I
am President of the Alliance of Baptists and I am competent to testify to the
following facts based on my personal knowledge.
2. The Alliance of Baptists is a Protestant religious organization (ecclesia body)
incorporated in the State of North Carolina. It was formed in 1987 to give a clear
voice and witness to historic Baptist principles, freedoms and traditions as we
personally and corporately respond to the call of God in Jesus Christ to be disciples
and servants in the world.
3. The Alliance of Baptists is comprised of approximately 140 partner congregations in
the United States and Canada, of which 17 of the partner congregations are located in
North Carolina. Among the Alliance constituency, we also have over 200 individual
clergy and 1,000 individual supporters who reside, worship and/or conduct their
ministry in the state of North Carolina in various settings including healthcare,
prisons, higher education, military, and other specialized settings.
4. The membership of The Alliance of Baptists meets every year in an Annual
Gathering to listen for and discern the call of God to the Alliance of Baptists.
Members of the Alliance of Baptists, together with representatives from affiliated and
related institutions meet at Annual Gathering every year to deliberate, discern, and
identify any needed actions by the Alliance of Baptists in Gods world and to offer
suggestions, invitations, challenges, and assistance in covenant with local
congregations and other settings as they engage in mission together.
5. The Alliance of Baptists was founded on, and grounded in, a shared covenant of
freedom and a sincere trust that the most authentic expression of the Christian faith is
best experienced without coercion or manipulation in and among our members and
congregations. In our personal and corporate response to the call of God in Jesus
Christ to be disciples and servants in the world, the Alliance of Baptists is committed
to: a) The freedom of the individual, led by Gods Spirit, within the family of faith,
to read and interpret the Scriptures, relying on the historical understanding by the
church and on the best methods of modern biblical study; and b) the freedom of the
local church under the authority of Jesus Christ to shape its own life and mission, call
its own leadership and ordain whom it perceives as gifted for ministry, male or
female.
1

6. The Alliance of Baptists has a rich heritage of supporting equal rights and justice for
all of Gods people, including those who are not of the Christian faith. We have
explicitly named such commitments in our mission statement.
2
The Alliance of
Baptists is committed to fostering relationships, not only within the Alliance of

1
Alliance of Baptists Covenant statement (adopted 1987),
http://allianceofbaptists.org/OurAlliance/covenant_and_mission
2
Alliance of Baptists Mission Statement, 1998, http://allianceofbaptists.org/OurAlliance/covenant_and_mission

Baptists, but also with other people of faith, to create places of refuge and renewal for
those who are wounded or ignored by the church, to side with those who are poor, and
to pursue justice with and for those who are oppressed.

7. The Alliance of Baptists has an unwavering commitment to religious liberty and the
robust protection of all people of faith, Christian or otherwise, as well as people of no
faith at all, to freely exercise their religious beliefs. For the Alliance of Baptists, this
commitment is enshrined in its covenant: The principle of a free church in a free
state and the opposition to any effort either by church or state to use the other for its
own purposes.
3

8. For 20 years the Alliance of Baptists has called on its members to be welcoming and
affirming of lesbian, gay, bisexual, and transgender (LGBT) persons. The Alliance
of Baptists members have been called to accept, in response to the biblical mandate
for justice, the call to witness before the state, the church, private institutions, and
individuals on behalf of the civil rights and equality of opportunity for persons of
same-sex sexual orientation, and to oppose the humiliation and violence done to
them. Alliance of Baptists members are encouraged to welcome all persons without
regard to sexual orientation or marital status into the life of the congregation and to
recognize that there probably are persons of a same-sex sexual orientation already
present and involved within the life of most congregations. Alliance of Baptists
partner congregations are encouraged to recognize and develop gifts for ministry in
all persons without regard to sexual orientation and to lift up the ideal of covenant
that is, challenging persons, whether heterosexual or otherwise, to express sexual
intimacy within the context of a committed, monogamous relationship.
9. In 2004, the Alliance of Baptists affirmed that our federal and state constitutions exist
to protect the rights of minorities from the tyranny of the majority. In the context of
the debate over same-sex marriage at that time, the Alliance of Baptists decried the
politicization of same-sex marriage in races for public office. The Alliance of
Baptists specifically rejected any amendments to the Constitution of the United States
and state constitutions that enshrine discrimination against sexual minorities and
define marriage in such a way as to deny same-sex couples a legal framework in
which to provide for one another and those entrusted to their care. As Christians and
as Baptists, we particularly lamented the denigration of our LGBT sisters and
brothers in the debate by those who claimed to speak for God. We affirmed that the
Alliance of Baptists supports the rights of all citizens to full marriage equality, and
we affirmed anew in 2004 that the Alliance of Baptists will "create places of refuge
and renewal for those who are ignored by the church."
4

10. As is the case in many faith traditions, the performance of religious marriage
ceremonies is a core function and purpose of Christian community and an important
role of a clergy person in that context. For many members of the Alliance of Baptists,
a marriage ceremony in their local congregation, performed by their chosen minister,

3
Alliance of Baptists Covenant statement, point 7, http://allianceofbaptists.org/OurAlliance/covenant_and_mission
4
Alliance of Baptists Statement on Same-Sex Marriage, April 17, 2004,
http://allianceofbaptists.org/documents/SameSexMarriage2004.pdf

is a profound expression of love for their partner and an embrace by their community
of faith. For the couple getting married, this ceremony is a public affirmation of the
marriage in the context of their congregation and faith. This expression of faith and
public affirmation of love, in the strong view of many members of the Alliance of
Baptists, has the identical religious significance whether the couple is same-sex or
opposite-sex.
11. Amendment One and the other North Carolina laws defining marriage as exclusively
between opposite-sex couples prohibit clergy who are members of the Alliance of
Baptists from performing religious rites that solemnize the union of same-sex
congregant couples on an equal basis as opposite-sex couples without fear of criminal
prosecution and civil penalty. Because North Carolina requires a license for any
ceremony of marriage, see N.C. Gen. Stat. 51-6, and because same-sex couples
cannot obtain such a license, State law prohibits clergy who are members of the
Alliance of Baptists from solemnizing a same-sex marriage in accordance with beliefs
of the Alliance of Baptists by blessing that relationship in the eyes of God. This law
precludes the ability of clergy who are members of the Alliance of Baptists from
participating in one of the fundamental aspects of their religious tradition. The threat
of criminal prosecution and civil penalty under N.C. Gen. Stat. 51-7 places an
excessive burden on clergy who are members of the Alliance of Baptists in
discharging their duties and has a chilling effect on the free exercise of their faith.
12. These laws further prevent clergy and other members of the Alliance of Baptists from
associating for purposes of expressing their religious beliefs by conducting marriage
ceremonies.
harm Alliance of Baptists member congregations and clergy by burdening the ability
of the Alliance of Baptists to pursue its core principles with respect to same-sex
couples within the State of North Carolina. The laws further impede the ability of
Alliance of Baptists member congregations and clergy to build and establish a
religious community inclusive of same-sex couples family units.
14. Depriving clergy and other members of the Alliance of Baptists of the freedom to
conduct or to be united in marriage ceremonies in North Carolina stigmatizes our
religious beliefs and relegates many of our brothers and sisters in the faith to second-
class status. Amendment One and the other North Carolina marriage laws tell us that
our religious views are invalid and that same-sex relationships are less worthy than
opposite-sex relationships. These laws not only deny us our rights of religious
freedom but also humiliate our members by denigrating the integrity and closeness of
their families and their religious beliefs.
15. As a result of the burdens that Amendment One and North Carolinas marriage laws
place on the religious and associational freedoms of its members, the Alliance of
Baptists as an institution is suffering. It cannot fully effect its mission of witnessing
in Christ and its belief that it must create places of refuge and renewal for those who
are wounded or ignored by the church and to pursue justice with and for those who
1
DECLARATION OF THE ASSOCIATION OF WELCOMING & AFFIRMING
BAPTISTS

1. The undersigned are of majority age and competent to testify to the following facts
based on their personal knowledge.
2. The Association of Welcoming & Affirming Baptists (AWAB) is an association of
Baptist churches from across the Baptist traditions that have gone on record as being
welcoming and affirming of all persons without regard to sexual orientation or gender
identity. Founded in 1993, AWAB is the only organization solely devoted to building
the Welcoming & Affirming movement within the Baptist traditions throughout the
US. With a present membership of approximately 95 churches across 4 Baptist
denominational organizations, it projects a clear voice for inclusion in the religious
life of the Baptist community.
3. Welcoming & Affirming Baptist chaplains, missionaries, professors and clergy serve
in congregational and community settings throughout the US. You can find AWAB
related clergy in local congregations, universities, hospitals, prisons, as military
chaplains and working in other institutional settings.
4. There are at least 23 AWAB affiliated clergy serving in congregations and other
settings in North Carolina. There are also at least 3 AWAB affiliated seminarians
preparing for ministry in North Carolina.
5. Since the 1980s, AWAB affiliated clergy have been performing same-sex weddings
and advocating for marriage equality in their states.
6. In the early 2000s, many AWAB affiliated clergy stopped signing civil marriage
licenses for opposite-sex couples and chose to officiate at any wedding ceremony
they felt of clear conscience to perform without regard to it being sanctioned by any
civil authority.
7. In 2012, many AWAB affiliated clergy participated in the struggle to block
Amendment One in North Carolina as an affront to the separation of church and state.
8. In 2012, AWAB hosted a marriage equality event in Charlotte to equip and support
the AWAB community in North Carolina to defeat Amendment One.
9. In the Baptist tradition, officiating at life-cycle ceremonies - baptisms, weddings,
funerals - is a primary pastoral function. For couples, whether opposite-sex or same-
sex, a Christian wedding ceremony represents a public affirmation of their religious
values and identity and their grounding as a married couple in the Christian tradition.
10. Because North Carolina requires a license for any ceremony of marriage, see N.C.
Gen. Stat. 51-6, and because same-sex couples cannot obtain such a license, State
law prohibits AWAB affiliated clergy from solemnizing a religious marriage thereby
impinging on their religious freedom to officiate rituals and ceremonies based on their
believes. This law precludes AWAB affiliated clergy from participating in one of the
2
fundamental aspects of their religious tradition with respect to a specific segment of
their congregations and communities in North Carolina. The threat of criminal
prosecution and civil penalty under N.C. Gen. Stat. 51-7 places an excessive burden
on AWAB affiliated clergy in discharging their duties and has a chilling effect on the
free exercise of their religion.
11. These laws further prevent AWAB related clergy from associating for purposes of
expressing their religious beliefs by conducting marriage ceremonies.
harm AWAB directly by burdening its ability to pursue its core principles with
respect to fully inclusive communities of faith within the state of North Carolina. The
laws further impede AWAB affiliated clergys ability to build and establish religious
congregations and communities inclusive of same-sex couples family units.
13. Depriving AWAB affiliated clergy of the freedom to conduct same-sex marriage
ceremonies in North Carolina stigmatizes our religious beliefs and relegates many of
our congregants and community members to second-class status. Amendment One
and the other North Carolina marriage laws tell us that our religious convictions are
invalid and that same-sex relationships are less worthy than opposite-sex
relationships. These laws not only deny us our rights of religious freedom but also
humiliate our congregants and community members by denigrating the integrity and
closeness of the unlicensed families and their religious beliefs.
14. As a result of the burdens that Amendment One and North Carolinas other marriage
laws place on AWAB affiliated clergys religious freedom and freedom to associate,
AWAB as an institution is suffering. It cannot fully carry out its mission of
empowering Welcoming & Affirming clergy to provide religious, spiritual, and
organizational leadership.
15. Individual AWAB affiliated clergy in North Carolina, including the undersigned, are
also suffering, as Amendment One and North Carolinas Marriage Laws prevent them
from officiating at same-sex marriage ceremonies. They are therefore unable to fully
serve their congregants and community members according to their understanding of
Scripture and their own consciences.
16. We declare under penalty of perjury, under the laws of the State of North Carolina
and under the laws of the United States of America, that the foregoing facts are true.

Date: June 2, 2014

/s/ Rev. David Weasley
Rev. David Weasley
Chair, Association of Welcoming & Affirming Baptists
5405 S. Ridgewood Ct.
Chicago, IL 60615
3
/s/ Rev. Robin R. Lunn
Rev. Robin R. Lunn
Executive Director, Association of Welcoming & Affirming Baptists
PO 34
Milford, NH 03055

/s/ Rev. Everett C. Goodwin
Rev. Everett C. Goodwin
American Baptist clergy, active
Interim Senior Minister
Myers Park Baptist Church
Charlotte, NC, 28207

/s/ Rev. Robin Coira
Rev. Robin Coira
Executive Minister
Myers Park Baptist Church
1900 Queens Road
Charlotte, NC 28207

/s/ Rev. Nancy Hastings Sehested
Rev. Nancy Hastings Sehested
Alliance of Baptist endorsed clergy and chaplain
358 Brevard Rd
Asheville, NC 28806
Co-Pastor
Circle of Mercy Congregation
Asheville, NC

/s/ Rev. Ken Sehested
Rev. Ken Sehested
Alliance of Baptist endorsed clergy
358 Brevard Rd
Asheville, NC 28806
Co-Pastor
Circle of Mercy Congregation
Asheville, NC

/s/ Rev. Gil Wilson
Rev. Gil Wilson
Member, Wedgewood Church
5710 Mallard Drive S.
Charlotte, NC 28227

4
/s/ Rev. Malu F Fairley
Rev. Malu F Fairley
Alliance of Baptists endorsed clergy and chaplain
PO Box 1152
Davidson NC 28036
Wedgewood Church
Charlotte, NC

/s/ Rev. Ladale Benson
Rev. Ladale Benson
Local ordination, active
Member, Wedgewood Church
82 Woodsdale Place SE
Concord, NC, 28025

/s/ Rev. Dr. Chris Ayers
Rev. Dr. Chris Ayers
Wedgewood Church
4800 Wedgewood Drive
Charlotte, NC 28210

/s/ Rev. Kelly Sasser
Rev. Kelly Sasser
Minister with Youth and their Families
Watts Street Baptist Church
800 Watts Street
Durham, NC 27701

/s/ Rev. Richard A. Bowser
Rev. Richard A. Bowser
Member, Watts Street Baptist Church
ABC clergy, retired
129 Presidents Dr.
Durham, NC 27704-2171
919-620-8639

/s/ Rev. Diane Hill
Rev. Diane Hill
ABC clergy, active
110 Pavillion Place
Durham, NC 27707

5
/s/ Rev. W. Dale Osborne
Rev. W. Dale Osborne
Associate Minister, Binkley Baptist Church
1712 Willow Dr.
Chapel Hill, NC 27514

/s/ Rev. Stephanie Ford
Rev. Stephanie Ford
Minister of Christian Formation
1712 Willow Dr.

/s/ Rev. Nick Carter
Rev. Nick Carter
ABC clergy, retired
Former president Andover Newton Theological School
Chapel Hill, NC

/s/ Rev. Deborah Carter
Rev. Deborah Carter
ABC clergy, active
Chapel Hill, NC

/s/ Rev. LeDayne McLeese Polaski
Rev. LeDayne McLeese Polaski
Program Coordinator
Baptist Peace Fellowship of North America
300 Hawthorne Lane, Suite 205
Charlotte, NC 28204-2434

/s/ The Rev. Dr. Michael S. Usey, MDiv, MA, DMin
The Rev. Dr. Michael S. Usey, MDiv, MA, DMin
Pastor, College Park: An American Baptist Church
111 Keeling Road West
Greensboro NC 27410-5515

/s/ Rev. Angela Yarber
Rev. Dr. Angela Yarber, Ph.D.
Adjunct Professor
Wake Forest University School of Divinity and
Womens, Gender, and Sexuality Department
133 West End Blvd, Winston-Salem, NC 27101

6
/s/ Rev. Clifford Matthews, Jr.
Rev. Clifford Matthews, Jr.
Pastor St. Luke Missionary Baptist Church
ABC clergy, active
1600 Norris Avenue
Charlotte, NC 28206

/s/ Dr. Jack McKinney, MDiv, PhD
Dr. Jack McKinney, MDiv, PhD
American Baptist ordination
Pastoral Counselor at Triangle Pastoral Counseling
312 Melanie Lane
Cary, NC 27511

/s/ Stephanie Ford, M.Div., Ph.D.
Stephanie Ford, M.Div., Ph.D.
Ordained, Alliance of Baptists
1712 Willow Drive

DECLARATION OF REVEREND NANCY ELLET ALLISON
1. I live in Charlotte, North Carolina, I am of majority age, and competent to testify
to the following facts based on my personal knowledge.
2. I was born in Albuquerque, New Mexico, and later lived in a series of Southern
California farming communities.
3. I attended Baylor University and graduated with a B.A. in Psychology in 1974. I
received my Ph.D. from Southwestern Baptist Theological Seminary in Fort
Worth in 1986. In 1987, I moved to Monrovia, Liberia before later returning to
Dallas in 1990. I remained in the Fort Worth/Dallas area until1999, when my
husband (whom I married in 1985) and I moved to Charlotte.
4. I have been the Pastor at Holy Covenant United Church of Christ in Charlotte,
North Carolina since 2004. I first served Holy Covenant in 2000-2002 as Interim
Pastor, returning in 2004 to accept the role of Senior Pastor.
5. Holy Covenant seeks to be a transformative community, where we express our
faith in both word and action. Striving to reflect the inclusive love of God, we
welcome all - and our congregation reflects a wonderful diversity of backgrounds
and perspectives.
6. The Christian understanding of marriage is a call for two people to build together
with God a covenant in this world. My role as Senior Pastor at Holy Covenant
includes helping committed couples enter this holy and sacred covenant. In doing
so, I help these committed couples become one, fulfill their promises one
another, love and serve God, honor Christ and each other, and rejoice in the
power of the Holy Spirit. The solemnization of their marriages signals their
embrace by the church and welcomes their newly-formed families into our
religious community.
7. I have long spoken in support of marriage equality at United Church of Christ
("UCC") denominational meetings.
8. In 1999, Holy Covenant voted to become an "Open and Affirming" Congregation
within the UCC, thereby expressing a public covenant of welcome into our full
life and ministry to persons of all sexual orientations, gender identities, and
gender expressions. In 2005, the UCC General Synod passed a "marriage
equality" amendment announcing the faith's official embrace of same-sex
marr1age.
9. My role as Senior Pastor at Holy Covenant and my faith includes solemnizing
committed relationships, whether the relationship consists of two people of the
same sex or opposite sex.
10. North Carolina' s ban on marriage equality has adversely affected me as a faith
leader. The call to follow Christ is personal and individual. The call to marry a
couple committed to each other is personal and individual.
11. Because ofNorth Carolina's ban on same sex marriage and its requirement that
any marriage be accompanied by a state-issued marriage license, I fear that
performing religious rites that solemnize the union of same-sex couples violates
the law and exposes me to criminal prosecution and financial judgments. In
declaring such ceremonies illegal, North Carolina law has a chilling effect on my
ability to do so, which prevents me from solemnizing same-sex marriages on an
equal basis with opposite sex marriages.
12. North Carolina's ban on performing same sex marriages constitutes an official
rebuke to my religious beliefs and the beliefs of my congregation. It stigmatizes
our faith and reduces loving members of our religious community to second-class
status.
13. One of my primary goals as Senior Pastor of Covenant Church is to build a
welcoming and inclusive religious community. The building block of this
community is the family. By preventing our same sex congregants from forming
their own families, North Carolina' s ban on same sex marriage burdens my ability,
and the ability of my congregation, to form a faith community of our choosing
consistent with the principles of our faith.
14. North Carolina's ban on same sex marriages creates an extra burden for same sex
couples. We have had members of Holy Covenant travel to Washington, New
York, the District of Columbia, Hawaii, and Iowa in order to marry legally. It
saddens me that these couples are not free to marry in the presence of their own
community at Holy Covenant.
15. I know Elizabeth "Lisa" Cloninger and Kathleen Smith. They are both very
committed members of Holy Covenant. Lisa and Kathleen are also very
committed to one another and have expressed their desire to marry one another in
our church. Because North Carolina prohibits me from legally blessing their
marriage-since they cannot presently secure a marriage license-! cannot fulfill
their wishes and my duties by solemnizing their marriage consistent with my
religious beliefs.
I declare under penalty of perjury, under the laws of the State ofNorth Carolina
true.
April 45" , 2014
DECLARATION OF REVEREND NATHAN KING
1. I live in Davidson, North Carolina, I am of majority age, and competent to testify
2. I was born in Siler City, North Carolina in 1961. I am the eighth of nine children
bom to Daplme Andrew and Hugh Quinton King. I grew up in a little town called
Bonlee in rural Chatham Cotmty, North Carolina. I have lived in North Carolina
my whole life.
3. I graduated from Chatham Central High School in 1979 and attended Central
Carolina Community College in Sanford, North Carolina. I graduated from
Gardner-Webb College (now University) with a Bachelor of Science in Business
Administration in 1984. I then enrolled at Southeastem Baptist Theological
Seminary, from which I earned a Master of Divinity degree with a concentration
in Religious Education in 1990.
4. I was licensed as a minister in the early 1980s by Hickory Grove Baptist Church
in Bear Creek, North Carolina, where I served as Minister with Youth. While in
college and seminary I also served churches as associate minister with youth,
children, and preschoolers in both Tramway and Erwin, North Carolina.
5. In March 1993, l began serving as pastor for Asheboro United Church of Christ in
Asheboro, North Carolina. In August 1993, I was ordained by the Eastern North
Carolina Association ofthe Southem Conference, United Church of Christ (UCC).
In January 200L I left Asheboro for Concord, North Carolina to serve Trinity
Reformed United Church of Christ, where I am currently Senior Pastor.
6. Trinity Reformed United Church of Chrisfs history with marriage equality has
been a natural and unassuming process based on the infinite love of God. A few
years after the UCC General Synod passed a resolution on marriage equality in
2005, my church began celebrating what was already a part of our identity as a
faith community. Our congregation held a series of conversations about why we
needed to identify ourselves as an Open and Affirming church-and thereby
express a public covenant of welcome into our full life and ministry to persons of
all sexual orientations, gender identities, and gender expressions. In March 2010,
Trinity Reformed United Church of Christ voted, without dissent, as a
congregation to be an Open and Affim1ing church. We did this because we
believe God's love embraces all persons equally and that every human being is
created in God's image as a person of infinite worth. We believe that people are
born with their sexual orientation, so we welcome, affirm and support as full
members all persons regardless and because of their God-given sexual orientation.
7. I performed a ceremony for a gay couple at the church in June 2012. From a faith
perspective, there is rio difference in the ceremony itself from one perfmmed for
an opposite sex couple. For whatever couple is married, the religious rites I
perform are based on the UCC Book of Worship, varying only to such degree as
the couple wishes. For example, I begin with "Love comes from God. Everyone
who truly loves is a child of God. Let us worship God." Regardless of whether it
is a same sex or opposite sex couple, I tell the couple that they have received "the
blessing of Christ's church. Be merciful in all your ways. kind in heart, and
humble in mind. Accept life, and be most patient and tolerant with one another.
Forgive as fi"eely as God has forgiven you. And above all else, be trul y loving. Let
the peace of Christ rule in your hearts, remembering that as members of one body
you are called to live in harmony, and never forget to be thankful for what God
has done for you.
8. North Carolina's ban on marriage equality has made it difficult for me to
encourage the congregation to join in what is otherwise a very joyous occasion
that is normally shared by many in the church. For example, a couple recently
went to Washington, D.C. to be manied. North Carolina's ban on marriage ban
prevented this couple' s congregation from readily attending and supporting this
couple, sharing in their joy, and witnessing their union before God.
9. When people become members of our church, Trinity Reformed United Church of
Christ pledges its support by saying: ''We welcome you with joy in the common
life of this church. We promise you our friendship and prayers as we share the
hopes and labors of this spiritual home. May we continue to grow together in love
and faith and to be witnesses to Jesus' radical message of love andjustice." North
Carolina's ban on marriage equality directly interferes with Trinity Reformed
United Church of Christ's pledge to its congregants because gay and lesbian
couples in our church cannot marry within their community of faith gathered in
support and celebration. This causes a sense of separation from friends and family
as well as fellow church members who could normally participate in a wedding
more easily and more fully. Sin1ply put. the ban on marriage equality limits the
accessibility of our congregation to share in one another's joy at a supremely
significant time in the life of both couple and congregation.
10. As a leader of this congregation, it also limits my own pastoral participation in the
lives of couples who are forced to be manied in another state. I do not have the
financial resources to offer couples my services when they have to go to another
state to be legally ma.tTied. I cannot be their pastor at this supremely significant
time and occasion in their lives and in the life of our congregation.
11. Moreover, because ofNorth Carolina's ban on same sex marriage and its
requirement that any marriage be accompanied by a state-issued marriage license,
I am concerned that performing religious rites that solemnize the union of same-
sex couples violates the law and exposes me to criminal prosecution. In declaring
such ceremonies illegal, North Carolina law has a chilling effect on my ability to
solemnize same-sex marriages on an equal basis with opposite sex marriages.
12. I know Shauna Bragan and Stacy Maloney. Stacy is a committed member of
Trinity Reformed United Church of Christ and Shauna attends faithfully. Shauna
and Stacy have expressed their commitment to one another and have expressed
their desire to marry one another in our church. Because North Carolina prohibits
me from legally blessing their marriage-since they cannot presently secure a
marriage license-! cannot fulfill their wishes and my duties by solemnizing their
marriage consistent with my religious beliefs.
I declare under penalty of perjury, under the laws of the State of North Carolina
true.
April -t.S. .Jj__, 2014
DECLARATION OF THE REVEREND NANCY KRAFT
1. I live in Charlotte, North Carolina, I am of majority age, and I am competent to testify to
the following facts based on my personal knowledge.
2. I was born in Hamilton, Ohio and have been living in Charlotte since 1998.
3. I attended Bowling Green State University and graduated with a B.S. in Education in
1974. I received my Masters in Divinity from Trinity Lutheran Seminary in Columbus,
Ohio in 1979. I later received my doctorate from the University of Pittsburgh in 1991
4. In 1978, I was certified for pastoral ministry in the Evangelical Lutheran Church in
America. I was ordained on March 11, 1979.
5. Since 2005, I have served as pastor of Holy Trinity Lutheran Church in Charlotte. Prior
to that I served the following congregations: Trinity Lutheran Church, Jamestown North
Dakota; Trinity Lutheran Church, Carrollton, Ohio; Emmanuel Lutheran Church,
Kilgore, Ohio; Advent Lutheran Church, Uniontown, Ohio; and Advent Lutheran
Church, Charlotte, North Carolina. I also served as an Assistant to the Bishop of the
Northeastern Ohio Synod from 1988 to 1992.
6. The Evangelical Lutheran Church in America has expressed its commitment to
welcoming all people, regardless of sexual orientation, and their families into our
congregations.
7. Although I have long been supportive of gays and lesbians in the church, the first
congregation I served where people were openly gay was Advent Lutheran Church in
Charlotte ( 1998-2005). The congregation did not allow for any kind of marriage blessing
for same-gender couples. I subsequently took a call to serve as pastor of Holy Trinity
Lutheran Church, where the majority of the adults in the congregation were gay or
lesbian. I believed it was important to support committed, monogamous relationships, so
I became performing solemnization ceremonies for same sex couples. We called them by
a variety of names: An Exchange ofRings, A Holy Covenant, A Commitment Ceremony,
A Holy Union.
8. It is central to my role as pastor ofHoly Trinity Lutheran Church to promote and support
families. The famil y unit that seeks to be intentional about its faith and religious practice
is critically important to continuing the Lutheran faith and our values. Marriage is an
important function in providing stability for any family, whether it includes two
committed adults of the same sex or opposite sex. Accordingly, supporting same-sex
couples and families is crucial to my leadership role in transmitting and continuing the
Lutheran faith and our values.
9. Because ofNorth Carolina's ban on same sex marriage and its requirement that any
marriage be accompanied by a state-issued marriage license, I am concerned that
performing religious rites that solemnize the union of same-sex couples violates the law
and exposes me to criminal prosecution. Indeed, North Carolina law has a chilling effect
on my ability to do so, which prevents me from solemnizing same-sex marriages on an
equal basis with opposite sex marriages.
10. I firmly believe that committed sex couples are in no way different from committed
heterosexual couples, except for the fact that I have been able to perform legally-
recognized marriages for the latter. Gay marriage is by no means a theoretical issue for
me; it has become personal because of the relationships I have developed with the same-
sex couples in my congregation. In the "eyes of God" and our faith community, same sex
couples in our church have the right to have their relationships blessed and be married.
11. In recent years, many couples from my congregation have gone out-of-state to be
married. I have not gone with them. Logistically, this would be difficult for me. I regret
that I cannot be a part of this major event in their lives. It grieves my heart- and theirs-
that they are marrying apart from their faith community. If marriage were legal in North
Carolina, they would be married here, with the people of faith who love and support
them.
12. Amendment One and North Carolina's ban on marriage equality is an affront to our core
values at Holy Trinity. As a community, we support all people in their loving
relationships and encourage commitment to those relationships, whether they are straight
or gay. We celebrate sexual orientation as a God-given gift, no matter what that
orientation may be. We encourage all people to live authentically and fully as the people
God created them to be. Amendment One and North Carolina' s ban on marriage equality
is in direct conflict with these beliefs.
13. Same-sex marriage was already illegal in North Carolina before the passage of
Amendment One. Although Amendment One did not necessarily change that fact, it
created a sense of hopelessness among my parishioners, as well as anger. Many ofthe
couples in my congregation had been waiting for change. They were holding out hope
that North Carolina would allow them to be married in the place they call home. When
Amendment One passed, it was a painful reminder that gays and lesbians are often
treated as second-class citizens in North Carolina.
14. As their pastor, I know that Cathy Fry and Joanne Marinaro very much want to marry one
another in the midst of those who have loved and supported them as a faith community
through the years. Because North Carolina prohibits me from blessing their marriage
under law- they cannot presently secure a marriage license- ! cannot fulfill their wishes
and my duties by solemnizing their marriage.
I declare under penalty of perjury, under the laws of the State ofNorth Carolina and
under the laws of the United States of America, that the foregoing facts are true.
April ;]tf , 2014
DECLARATION OF REVEREND DR. NANCY E. PETTY
I. I live in Raleigh, North Carolina, I am of majority age, and I am competent to testify to
2, I was born and raised in Shelby, North Carolina. I received my degree in Religion from
Gardner-Webb College (now University) in 1985. I received my Masters of Divinity
from Southeastern Baptist Theological Seminary in Wake Forest, North Carolina in 1988.
After seminary T worked in a church in Raleigh for one year before moving to Charlotte
in November 1989, where I served as Minister with Youth at St. John's Baptist Church. I
returned to Raleigh in June 1992. I received my Doctor of Ministry from McCormick
Theological Seminary in June 1997, and studied at Oxtbrd University, Christ Church,
during the summer of 20 13.
3. I have worked at Greystone Baptist Church in Raleigh, North Carolina (l985 .. f988j; St.
John's Baptist Church in Raleigh, North Carolina (1988-1989); St. John's Baptist Church
in Charlotte, North Carolina (1989-1992); and Pullen Baptist Church (1992-
prescnt). Tn 2002, I became co-pastor of Pullen Memorial Baptist Church-along with
Jack McKinney- -and became the first female pastor of the church. Following Jack
McKinney's resignation in 2009, I became the church's sole pastor.
4. At Pullen Memorial Baptist Church, we hold true to our beliefs in soul freedom, church
freedom, bible freedom, and religious freedom. We have a rich history of celebrating
diversity, struggling with the hard questions of faith, and working for justice. At the
center of it all is a meaningful worship tradition. It is our basic practice to respect every
person's individual faith journey while working together for juslice in our world. As
Article 11 of our Constitution reads:
This church is a Christian community, holding to the basic Baptist tradition of democracy
and the right of the individual, under the guidance of God's spirit, to the free exercise of
conscience and faith within the voluntary association of like-minded believers. This
felloW.l'hip strives to give witness to God's all-inclusive nature while affirming that our
story is grounded in the life and nf Jesus. This church seeks community and
renewal in doing justice, loving kindness. and walking humbly with God. (Micah 6:8)
5. Tn 1958, Pullen Memorial Baptist Church declared itself open to all people regardless of
race, becoming one ofthe tlrst Baptist churches in the South to integrate. During the
volatile years of the Civil Rights Movement, our church was considc:rcd to be a "safe
haven" for African Americans, one of the few predominantly white chwches in lhe South
where people could gather together to worship, as well as engage in open discussions
about civil rights and social justice.
6. In 1992, Pullen Memorial Baptist Church became a Welcoming and Affirming
congregation, endorsing unqualified acceplance of gay/lesbian Christians. Our church
was subsequently excluded (as was another Baptist church in Chapel Hill that licensed a
gay minister to preach) from the Southern Baptist Convention,. We remain affiliated
with several major Baptist and other Christian associations, including the American
Baptists Churches- USA, which consists of over 5,200 congregations in the United
States with 1.3 million members, the Alliance of Baptists, and the North Carolina Council
of Churches.
7. On November 20, 20 II, our church issued a Marriage Equality Statement following a
unanimous vote. The statement read:
Pullen Mt:morial Baptist Church has a longlitanding tradition of supporting the rights of
all citizens 10 equal protection under the law. We find that current North Carolina law
and the proposed amendment to the North Carolina Constitution that "Marriage between
a man and a woman is the only domestic legal union that shall be valid or recognized in
this stale" discriminate against same-sex couples by denying them the rights and
privileges enjoyed by heterosexual married couples. As people ojjaith, affirming the
Christian teaching that before God all people are equal, we will no longer participate in
this discrimination.
8. In addition to the church's Marriage Equality Statement, I made the following statement
on November 20, 2011 about marriage equality and our church:
For ow:r 125 years the people of this church have been a prophetic witness for human
rights basr:d on their j/J.ilh conviction that all people are created in the image q(God, that
all people are equal in. Gad's kingdom, and that Gad's love is radically inclusive. They
believe that the purpose of the church is to welcome the stranger, to care for thr:poor,
and to speak out against the powers that seek to marginalize and oppress people.
Their statemcmt today on marriage equality continues their long-standing tradition of
speaking out on IJehaif of God's love, compas;ion, and justice in the world. Today, the
nwmbership o.f Pullen stands on the .vhoulders <?/their spiritual mothers and.fathers, and
they carry on with great courage the tradition of speaking prophetically 011 social justice
issues. Their prophetic voice is a witness to all people of faith that God's love is stronger
than hate and that God's compassion is higger than humanjud,gment.
This congregation is a remarkable excmple of what it means to be the people of God in
the w o r l f o ~ these times in which we are living. Their counter-witness to those who
preac:h about a God whose love is exclusive and unwelcoming is nothing short of
amazing grace lo all who are exiled ji'om the church simply because of whom thq love
and want to marry.
9. Because of North Carolina's ban on same sex marriage and its requirement that any
marriage be accompanied by a state-issued marriage license, I fear thal performing
religious rites that solemnize the union of same-sex couples violates the law and exposes
me to criminal prosecution and financial judgments. In declaring such ceremonies
illegal, North Carolina law has a chilling effect on my ability to so!emnir.c same-scl<
marriages on an equal basis with opposile sex marriages. In addition, North Carolina's
ban on marriage equality has placed a burden on my ability to minister to all of my
congregants as equals. It violates my belief that all people are created equal and that God
blesses all of our failliful relationships.
I 0. By preventing our same sex congregants from forming their own families, North
Carolina's ban on same sex marriage burdens my ability, and the ability of my
congregation, to fonn a faith community of our choosing consistent with the principles of
our faith.
I declare under penalty of perjury, under the laws of the State of North Carolina and
under the laws of the United States of America, that the foregoing facts are true.
~ .])n. l ~ r ~
REV. DR NANCY'fPETtv
April z..+ , 2014

1
DECLARATION OF RABBI LUCY H.F. DINNER

1. I live in Raleigh, North Carolina, am of majority age, and am competent to testify to

2. I was born and raised in New Orleans, Louisiana. I have been living in Raleigh, North
Carolina since 1993.

3. I graduated from the University of North Carolina, Chapel Hill with a B.A. in Public
Policy Analysis in 1982. I attended the Hebrew Union College Jewish Institute of
Religion (HUC-JIR) from 1982-88, studying at its Jerusalem and Cincinnati campuses.
In 1984-85, I spent a year completing a professional internship at Temple Israel in
Memphis, Tennessee, a congregation affiliated with the Union for Reform Judaism
(URJ). I received my Master of Arts in Hebrew Letters from the HUC-JIR in 1987. In
1988, I was ordained as a rabbi by the HUC-JIR and joined the Central Conference of
American Rabbis (CCAR). I served URJ Shaare Emeth Congregation in St. Louis,
Missouri from 1988-93. In 1993, I moved to Raleigh, North Carolina, where I have
resided since that time.

5. I have served as Senior Rabbi at URJ Congregation Beth Or of Raleigh, North
Carolina since 1993.

6. The Reform Jewish Movement, of which I have been a member since childhood, is
committed to working to secure civil rights for LGBT members, including the right to a
civil marriage. Consistent with the fundamental principle of Judaism that every human
being is created in Gods image, Reform Judaism has been at the vanguard of support for
the full recognition of equality for lesbians and gays in society. Since 1993, the CCAR
and the URJ have adopted numerous resolutions in support of gay and lesbian
partnerships.

7. In 1996, the CCAR articulated its support for full equal civil rights, including
marriage for gay and lesbian couples, and its opposition to governmental efforts to ban
gay and lesbian marriage.

8. In 2000, at the CCAR Annual Convention held in Greensboro, North Carolina, the
CCAR resolved that the relationship of a Jewish, same-sex couple is worthy of
affirmation through appropriate Jewish ritual and resolved to support the decision of
those who choose to officiate at rituals of union for such couples.

9. Congregation Beth Ors by-laws recognize same-sex couples and families as eligible
for full membership in the congregation. Beth Or is committed to serving all family
members with sacred Jewish rituals marking family life.

10. I have advocated for, taught on, and preached about the rights of the LGBT
community throughout my tenure as a rabbi at Congregation Beth Or.


2
11. My role as Senior Rabbi at Congregation Beth Or and my commitment to the tenants
of my faith include solemnizing committed relationships, whether the relationship
consists of two people of the same-sex or opposite-sex.

12. One of my obligations to Congregation Beth Or is to carry out its vision of
welcoming diverse families in order to create, nurture and sustain a community reflective
of Judaisms highest values. North Carolinas ban on same-sex marriage has made it
illegal for me to carry out the teachings of my faith and to faithfully serve a significant
portion of my congregation.

13. Depriving clergy of the freedom to conduct same-sex marriage ceremonies in North
Carolina stigmatizes my religious beliefs and relegates a portion of my congregants and
community members to second-class status. Amendment One and the other North
Carolina marriage laws undermine my ability to practice my religious views. These laws
not only deny me my rights of religious freedom but also humiliate my congregants and
community members by denigrating the integrity and closeness of their families and their
religious beliefs.

14. North Carolinas ban on same-sex marriages has created a burden for same-sex
couples in the State, including members of Beth Or. Same-sex member families have
traveled to New York, the District of Columbia, and Tennessee to have both civil and
religious ceremonies solemnizing their vows, which would be illegal for me to perform in
North Carolina. I have not been able to fulfill my duties as a rabbi for these families
because of the burdens of North Carolinas prohibition on same-sex marriage.

I declare under penalty of perjury, under the laws of the State of North Carolina and
under the United States of America, that the foregoing facts are true.

_____________________________________ June 1, 2014
Rabbi Lucy H.F. Dinner


DECLARATION OF RABBI ARIEL EDERY

1. I live in Holly Springs, North Carolina, I am of majority age, and I am competent to
testify to the following facts based on my personal and professional experience and
knowledge.
2. I grew up in Argentina and moved to Jerusalem, Israel, to attend the Hebrew University,
where I obtained my B.A. in Humanities and my B.A. in International Relations in 1992.
I lived and worked in Mexico City for five years, and then enrolled in the Hebrew Union
Colleges Rabbinical School, in Cincinnati, Ohio. There I obtained my M.A. in Hebrew
Letters and my Rabbinic Ordination in 2001. I served as a Rabbi in Barcelona, Spain, for
three years, and then returned to the U.S., where I took my current position as Rabbi for
Beth Shalom congregation, in Raleigh. I have served there for the last ten years.
3. I am a member of the Central Conference of American Rabbis (CCAR). And I have
worked for several congregations affiliated with the Union for Reform Judaism (URJ)
and for several others affiliated with the United Synagogue of Conservative Judaism
throughout the Midwest, in Mexico, and in Europe.
4. I am a naturalized U.S. citizen.
5. Following our religious and moral beliefs, the institutions, Rabbis and congregations of
Reform Judaism see it as our religious duty to embrace and to seek equality and justice
for all people, as we follow the Biblical teaching that all humanswith no exceptions
are created in God's image. The URJ and the CCAR have adopted binding resolutions
to specifically recognize and secure the rights of LGBT members of our community.
Consequently, same-sex couples are recognized as families in our congregations, just
like any opposite-sex couple. Our Movement and our Rabbis believe in the rights of all
people to enter marriage. Reform institutions are instructed by the URJ to extend
benefits to spouses of employees, without restricting these benefits only to those who are
heterosexual.
6. Within Reform Judaism, congregations and Rabbis have choice and discretion when
choosing the details of observances and rituals we follow. The CCAR has not thus
mandated that all rabbis must officiate same-sex Huppah - wedding ceremonies, but
has left this to the Rabbis and the congregation's choice. Some Rabbis conduct a
Commitment Ceremony, and others conduct the traditional Huppah - wedding
ceremony. Regardless of how Rabbis differ in choosing the rituals to consecrate same-
sex couples, all recognize that such relationships must be honored, are a good foundation
to establish families, and are worthy of our communities endorsement and of Gods
blessing.
7. My religious and professional duties as a Rabbi are to serve my community following the
moral and religious duties of Judaism, as I understand them after careful study. These
duties specifically include consecrating marriages according to Jewish traditions and
through Jewish rituals. Following the Jewish teachings that all humans are created in

Gods image, that all have the same rights, and that couples in loving and committed
relationships are the basis of family and communityincluding LGBT couplesthen it
is my religious duty and my professional duty as a Rabbi to consecrate all marriages,
including those of same-sex couples, through the Jewish traditions and rituals.
8. There are many in North Carolina like the couple I mentioned, and there will be many
who will request that I perform the rituals to consecrate their marriage. However, North
Carolinas ban on same-sex marriage prohibits me from performing my religious and
professional duties: as same-sex couples cannot obtain a State-issued license, and since
the law requires that only State-licensed marriages be performed, I fear that my
performance of my religious duties would violate State law and make me subject to
criminal prosecution and penalty.
9. North Carolinas prohibition on same-sex marriage restricts the practice of my religion
and the performance of my Rabbinical duties and it prevents my religious community
from fully following our moral and religious values.
10. I declare under penalty of perjury, under the laws of the State of North Carolina and of
the United States of America, that the foregoing facts are true.

Date: 06/01/2014
Rabbi Ariel Edery

DECLARATION OF REVEREND RUSS DEAN

1. I live in Charlotte, North Carolina. I am of majority age and competent to testify to the

2. I was born in Blackstone, Virginia, and was raised in Clinton, South Carolina. Since
graduating from seminary, I have lived in Clemson, South Carolina; Birmingham,
Alabama; and Charlotte, North Carolina.

3. I attended Furman University and graduated with a B.A. in Religion in 1986. I received
the Master of Divinity degree from Southern Baptist Theological Seminary in 1992 and
the Doctor of Ministry degree from Beeson Divinity School in 2002.

4. I married Amy Jacks Dean in 1986, and we have worked together in the church ever
since. We became the pastors of Park Road Baptist Church, sharing all pastoral duties, in
October 2000.

5. Park Road Baptist Church was founded as a Southern Baptist Church in 1950 but
during the 1960s began to find itself at odds with the convictions of the Southern Baptist
Convention (SBC). When the Alliance of Baptists, and then the Cooperative Baptist
Fellowship were formed, Park Road affiliated with those organizations, though it did not
withdraw its official participation in the SBC until around 2010 a decision prompted by
an SBC policy discriminating against gay persons.

6. Park Road has a history as a theologically-progressive congregation. Issues of social
justice have been important to this congregation for most of its history, and the
congregation has valued the infinite worth of all people, inherently for many years. All
are welcome in this congregation, in membership and in all avenues of service and
leadership. In 2006, the congregation adopted an official policy indicating that all
services of the church would be provided to all members of the church. Despite North
Carolinas prohibition on same-sex marriage ceremonies, the policy specifically affirmed
the right of the ministers to perform the same service of blessing for the marriage of gay
members as can be provided for heterosexual members.

7. My role as Co-Pastor at Park Road, within my understanding of faith, includes my
privilege, responsibility, indeed my obligation to solemnize committed relationships,
whether the relationship consists of two people of the same sex or opposite sex.

8. North Carolinas ban on marriage equality has adversely affected me as a faith leader.
The call to follow Christ is personal and individual and my understanding of that call
has led me to believe that offering the blessing of God, in the name of Jesus Christ, to any
couple who seeks the Churchs affirmation of their relationship of commitment to one
another, is my right as well as my duty to this specific church.

9. Because of North Carolinas ban on same-sex marriage and its requirement that any
marriage be accompanied by a State-issued marriage license, I fear that performing

DECLARATION OF REVEREND AMY JACKS DEAN

1. I live in Charlotte, North Carolina. I am of majority age and competent to testify to the

2. I was born and raised in Clinton, South Carolina. Since graduating from seminary, I have
lived in Clemson, South Carolina; Birmingham, Alabama; and Charlotte, North Carolina.

3. I attended Presbyterian College and graduated with a B.S. in Elementary Education in
1988, and I received the Master of Divinity degree from Southern Baptist Theological
Seminary in 1992.

4. I married Russ Dean in 1986, and we have worked together in the church, ever since. We
became the pastors of Park Road Baptist Church, sharing all pastoral duties, in October
2000.

5. Park Road Baptist Church was founded as a Southern Baptist Church in 1950 but
during the 1960s began to find itself at odds with the convictions of the Southern Baptist
Convention (SBC). When the Alliance of Baptists, and then the Cooperative Baptist
Fellowship were formed, Park Road affiliated with those organizations, though it did not
withdraw its official participation in the SBC until around 2010 a decision prompted by
an SBC policy discriminating against gay persons.

6. Park Road has a history as a theologically-progressive congregation. Issues of social
justice have been important to this congregation for most of its history, and the
congregation has valued the infinite worth of all people, inherently for many years. All
are welcome in this congregation, in membership and in all avenues of service and
leadership. In 2006, the congregation adopted an official policy indicating that all
services of the church would be provided to all members of the church. Despite North
Carolinas prohibition on same-sex marriage ceremonies, the policy specifically affirmed
the right of the ministers to perform the same service of blessing for the marriage of gay
members as can be provided for heterosexual members.

7. My role as Co-Pastor at Park Road, within my understanding of faith, includes my
privilege, responsibility, indeed my obligation to solemnize committed relationships,
whether the relationship consists of two people of the same sex or opposite sex.

8. North Carolinas ban on marriage equality has adversely affected me as a faith leader.
The call to follow Christ is personal and individual and my understanding of that call
has led me to believe that offering the blessing of God, in the name of Jesus Christ, to any
couple who seeks the Churchs affirmation of their relationship of commitment to one
another, is my right as well as my duty to this specific church.

9. Because of North Carolinas ban on same-sex marriage and its requirement that any
marriage be accompanied by a State-issued marriage license, I fear that performing
religious rites that solemnize the union of same-sex couples violates the law and exposes

DECLARATION OF KAY DIANE ANSLEY
1. I live in Old Fort, North Carolina, am of majority age and am competent to testify

2. I am in a committed relationship with Plaintiff Catherine McGaughey, whom I
call Cathy. We want to marry one another, but cannot because North Carolina
does not permit it.

3. I am a member of First Congregational United Church of Christ in Asheville.

4. My father spent his career in the Air Force. As a result, I was born at Dyess Air
Force Base in Abilene, Texas. We moved to Cheyenne, Wyoming when I was six
months old, and later lived on Air Force bases in Okinawa, Massachusetts, and
Florida.

5. I earned a Bachelor of Science degree in Physical Education from the University
of West Georgia in Carrollton, GA, in 1983, as well as a degree from the
American Institute for Paralegal Studies in 1993.

6. I am a retired law enforcement officer. I worked in law enforcement for 22 years
in the metro Atlanta, Georgia area. I currently work for a local physician as a
Patient Scheduler and Medical Records Custodian.

7. Cathy and I have been in a committed relationship since December 1999. We
first met at Oakhurst Baptist Church in DeKalb County, Georgia. We moved in
together two years after we first met, and remained in Georgia while Cathys
daughter, Molly, finished high school. Cathy and I moved to Old Fort about four
years ago. During our relationship, we have supported one another emotionally,
financially, and spiritually. We share our finances, live together, and have a
committed and stable relationship. We own a home on 2.1 acres in rural
McDowell County.

8. Cathy and I both attend First Congregational United Church of Christ. Cathy is
currently on the Executive Board of the church.

9. Our relationship with our church and our pastor, Reverend Joe Hoffman, are both
very important to us.

10. Amendment One and the North Carolina marriage statutes interfere with our
ability to practice our religion. We want to have a marriage ceremony in our
local church performed by Rev. Hoffman. We believe strongly in the
importance of marriage and declaring our relationship in the eyes of God in
front of our church, family, and friends. We have close friends who have
hallowed their relationships by marrying under the tenets of their faith and
we simply wish to do the same. As a practicing Christian, my concept of my
faith includes the fundamental right to marry my partner. North Carolina,

however, forbids us from doing thatand


DECLARATION OF CATHERINE MCGAUGHEY
1. I live in Old Fort, North Carolina, I am of majority age, and I am competent to
testify to the following facts based on my personal knowledge.

2. I am in a committed relationship with Plaintiff Kay Diane Ansley, who goes by
her middle name, Diane. We want to marry one another, but cannot because
North Carolina does not permit it.

3. I am a member of First Congregational United Church of Christ in Asheville,
North Carolina. I am currently on the churchs Executive Board.

4. I was born in Asheville, North Carolina. My parents grew up there, met and
married there, and my mother was baptized and went to church in the building
where First Congregational United Church of Christ now meets.

5. I earned a Bachelor of Science degree from Georgia State Universitys College of
Urban Life in 1982, where I majored in Youth Agency Administration.

6. I currently work for a local physician as an Accounts Receivable Specialist and
bookkeeper. I also do bookkeeping for two faith-based non-profit groups in
Asheville and Georgia, and for a small retail firm in Asheville.

7. Diane and I have been together since December 1999. We first met at Oakhurst
Baptist Church in DeKalb County, Georgia. We moved in together two years
after we first met, and remained in Georgia while my daughter, Molly, finished
high school. Diane and I have lived together in Old Fort for the past four years.
During our relationship, we have supported one another emotionally, financially,
and spiritually. We share our finances, live together, and have a committed and
stable relationship. We own a home on 2.1 acres in rural McDowell County.

8. Diane and I both attend First Congregational United Church of Christ together.

9. Our relationships with our church and our pastor, Reverend Joe Hoffman, are both
very important to us.

ability to practice our religion. We want to have a marriage ceremony in our local
church performed by Rev. Hoffman. We believe strongly in the importance of
marriage and declaring our relationship in the eyes of God in front of our church,
family, and friends. We have close friends who have hallowed their relationships
by marrying under the tenets of their faith and we simply wish to do the same. As
a practicing Christian, my conception of my faith includes the fundamental right
to marry my partner. North Carolina, however, forbids us from doing thatand
makes it illegal for Rev. Hoffman to bless and solemnize our relationship in our
church without a valid marriage licensewhich, of course, we cannot obtain
under the current law.

11.
DECLARATION OF ELIZABETH "LISA" CLONINGER
1. I live in Charlotte, North Carolina, I am of majority age, and competent to testify
2. I am an Elder at Holy Covenant United Church of Christ, which is located in
Charlotte. I also currently serve as the President of the church's Consistory,
which operates as its executive body.
3. I was born in Gastonia, North Carolina. I hold a Bachelor of Arts degree in Child
and Family Development from the University ofNorth Carolina-Charlotte and a
Master of Social Work degree from the University ofNorth Carolina-Chapel Hill.
4. I am currently a unit supervisor with Mecklenburg County Children' s
Developmental Services and also an adjunct part-time instructor in the Early
Childhood Education program at Central Piedmont Community College.
5. Since October 3, 2001, I have been in a committed relationship with Plaintiff
Kathleen Smith. We met as part of a potluck dinner group and also attended the
same church. We have lived together in Charlotte continuously since March 2002.
During our relationship, we have supported one another emotionally, financially,
and spiritually. We share our finances, live together, and have a committed and
stable relationship.
6. Kathleen and I both attend Holy Covenant United Church of Christ. Kathleen has
been a deacon and interim accompanist, and has also chaired the Worship and
Finance Committees. She currently leads the Communications Team for the
church. I have been a member of this congregation since 1997 and have been a
member of the adult chancel choir since joining the church. I have sung in
weddings, baptisms, and funerals at the request of members of our congregation.
Kathleen and I regularly sing/play together in worship and for special holidays
and events.
7. Kathleen's and my relationship with our church and our pastor, Reverend Nancy
Allison, are both very important to us. Kathleen and I plan to have Rev. Allison
perform a religious marriage ceremony on October 3, 2014 at Holy Covenant
United Church of Christ. We have already bought wedding dresses, selected a
wedding party, ordered "save the date" cards, made a substantial deposit on a
reception venue, enlisted musicians and will invite our family and friends to
witness our marriage in our church. Although I understand that the law does not
allow for it, I would like to have our pastor to be permitted to bless and recognize
our marriage at Holy Covenant United Church of Christ, and I would like our
marriage to be recognized by the State of North Carolina as being equal to that of
another couple.
ability to practice our religion. As described above, we want to have a marriage
ceremony in our local church performed by Rev. Allison. We believe strongly in
the importance of marriage and declaring our relationship in front of our church,
family, and friends, and in the eyes of God. We have close friends who have
hallowed their relationships under the tenets of their faith and we simply wish to
do the same. As a practicing Christian, my conception of my faith includes the
fundamental right to marry my partner. North Carolina, however, forbids us from
doing that-and makes it illegal for Rev. Allison to bless and solemnize our
relationship in our church without a valid marriage license-which, of course, we
cannot obtain under the current law.
9. Amendment One and the North Carolina marriage statutes also deny us the
opportunity to receive the same legal rights and responsibilities that other
committed couples are able to obtain through marriage in North Carolina.
10. For example, North Carolina's refusal to let us marry greatly complicates our
estate planning and end-of-life decision-making. Kathleen and I have not been
able to receive the many benefits that are automatically conferred upon married
couples. Instead, we have had to incur time and expense to file legal paperwork
to be one another's medical and fmancial powers of attorney and to be inheritors
of one another's estates.
11. We are also unable to recoup any of the benefits afforded to married couples that
can file their taxes jointly.
12. Amendment One and the North Carolina marriage statutes also increase our
everyday expenses by denying us many fmancial benefits that married couples
automatically receive. For example, I cover Kathleen under my healthcare
insurance; if we were legally married, the deduction from my pay would be pre-
tax, rather than post-tax.
13. Amendment One and the North Carolina marriage statutes mean that, in the eyes
of the State, our relationship is inferior and less deserving than the relationships of
any other loving and committed couple. This stigmatizes and demeans our
relationship and our religious beliefs and makes us feel like second-class
citizens. Every day we are unable to legally marry in North Carolina, we suffer
the pain and embarrassment of this indignity.
14. On Thursday, April17, 2014, Kathleen and I applied for a marriage license in
Mecklenburg County. Because we are a same-sex couple, we were denied a
marriage license by the Register of Deeds.
true.
ttl/Pv
ELIZABfii CLONIN ER
April cJ..5 , 2014
DECLARATION OF KATHLEEN SMITH
1. I live in Charlotte, North Carolina, and I am competent to testify to the following
facts based on my personal knowledge.
2. I attend Holy Covenant United Church of Christ, which is located in Charlotte. I
have been a deacon and interim accompanist, and I have also chaired the Worship
and Finance Committees. I currently lead the Communications Team for the
church.
3. I grew up in Rock Hill, South Carolina. I received a Bachelor of Arts degree in
History from Mars Hill University in 1975 and a Master of Education degree from
Winthrop University in 1977. I have taught school and administered operations
for a local arts education non-profit organization, as well as administering a major
grant program at Central Piedmont Community College. I am currently on a
contract assignment at Duke Energy through Business Control Systems.
4. Since October 3, 2001, I have been in a committed relationship with Plaintiff
Elizabeth "Lisa" Cloninger. We have lived together in Charlotte continuously
since March 2002. During our relationship, we have supported one another
emotionally, fmancially, and spiritually. We share our finances, live together, and
have a committed and stable relationship.
5. Lisa is an Elder at Holy Covenant United Church of Christ. She also serves as the
President of the church's Consistory, which operates as the executive body of the
church. Lisa has been a member of this congregation since 1997 and has been a
member of the adult chancel choir since joining the church. She has sung in
weddings, baptisms, and funerals at the request of members of our congregation.
Lisa and I regularly sing/play together in worship and for special holidays and
events.
6. Lisa and my relationship with our church and our pastor, Reverend Nancy Allison,
are both very important to us. Lisa and I plan to have Rev. Allison perform a
religious marriage ceremony on October 3, 2014 at Holy Covenant United Church
of Christ. We have already bought wedding dresses, selected a wedding party,
sent "save the date" cards, made a substantial deposit on a reception venue,
enlisted musicians and will invite our family and friends to witness our marriage
in our church. Although I understand that the law does not allow it, I would like
to have our pastor to be able to legally bless and recognize our marriage at Holy
Covenant United Church of Christ, and that our marriage be recognized by the
State of North Carolina as being equal to that of another couple.
ability to practice our religion. As described above, we want to have a marriage
ceremony in our local church performed by Rev. Allison. We believe strongly in
the importance of marriage and declaring our relationship in front of our church,
family, friends, and in the eyes of God. We have close friends who have
hallowed their relationships under the tenets oftheir faith and we simply wish to
do the same. As a practicing Christian, my conception of my faith includes the
fundamental right to marry my partner. North Carolina, however, forbids us from
doing that-and makes it illegal for Rev. Allison to bless and solemnize our
relationship in our church without a valid marriage license-which, of course, we
cannot obtain under the current law.
9. For example, North Carolina's refusal to let us marry greatly complicates our
estate planning and end-of-life decision-making. Lisa and I have not been able to
receive the many benefits that are automatically conferred upon married couples.
Instead, we have had to incur time and expense to file legal paperwork to be one
another's medical and financial powers of attorney and to be inheritors of one
another's estates.
1 0. We are also unable to recoup any of the benefits afforded to married couples that
can file their taxes jointly.
11. Amendment One and the North Carolina marriage statutes also increase our
everyday expenses by denying us many financial benefits that married couples
automatically receive. For example, I am covered under Lisa's healthcare
insurance; if we were legally married, the deduction from her pay would be pre-
tax, rather than post-tax.
of the State, our relationship is inferior and less deserving than any other loving
and committed couple. This stigmatizes and demeans our relationship and our
religious beliefs and makes us feel like second-class citizens. Every day we are
unable to legally marry in North Carolina, we suffer the pain and embarrassment
ofthis indignity.
13. On Thursday, April17, 2014, Lisa and I applied for a marriage license in
I declare under penalty of perjury, under the laws ofthe State ofNorth Carolina
true.
April 25 . 2014
KATHLEEN SMITH
DECLARATION OF STACY MALONEY
1. I live in Concord, North Carolina, am of majority age, and am competent to
2. I am an active member ofTrinity Reformed United Church of Christ in Concord,
North Carolina. Shauna Bragan, whom I live with and intend to marry, attends the
same church faithfully but is not yet a member. Shauna has shared custody of two
children from a previous relationship, whom Shauna and I care for together.
3. I grew up in Pennsylvania. After graduating from high school in 1999, I was
awarded an athletic scholarship for field hockey and softball at Catawba College
in Salisbury, North Carolina. In 2004, I received by Bachelor of Science degree
in Physical Education I fell in love with North Carolina and have lived here ever
since.
4. For the past seven years I have worked as the adaptive physical education teacher
in Cabarrus County, North Carolina. I have also taught a course on adapted sport
at Wingate University, located in Wingate, North Carolina. In August 2013, I
opened a day program for adults with disabilities in Cabarrus County. I also run a
summer program for students with disabilities in Cabarrus and surrounding
counties.
5. Trinity Reformed United Church is an open an affirming church, which means
that they welcome gay and lesbian members. Reverend Nathan King is Senior
Pastor at the church.
6. It is very important for me to take vows with my future wife to commit ourselves
to each other and God in front of our family and friends. My immediate and
extended family, friends, and fellow church members are very supportive of my
relationship with Shauna and want to be able to share and witness with us in
ceremony officiated by Revered Nathan King at our church. Although I
understand that the law does not allow for it, I would like to have our pastor to be
permitted to bless and recognize our marriage at our church, and that our marriage
be recognized by the State of North Carolina as being equal to that of another
couple.
church performed by Rev. King. We believe strongly in the importance of
marriage and declaring our relationship in front of our church, family, friends, and
in the eyes of God. We have close friends who have hallowed their relationships
under the tenets of their faith and we simply wish to do the same. As a practicing
Christian my conception of my faith includes the fundamental right to marry my
partner. North Carolina, however, forbids us from doing that- and makes it
illegal for Rev. King to bless and solemnize our relationship in our church without
a valid marriage license-which, of course, we cannot obtain under the current
law.
9. For example, North Carolina' s refusal to let us marry greatly complicates our
estate planning and end-of-life decision-making. We are unable to take advantage
of the spousal exception on inheritance and must pay an inheritance tax on
jointly-owned property.
10. Because of North Carolina's prohibition on same-sex marriage, we are unable to
file our taxes jointly. Therefore, we are unable to take advantage of any of the tax
benefits available to married couples under North Carolina law.
11. Because ofNorth Carolina's Amendment One and marriage laws, I cannot be
recognized as the legal parent for Shauna's two children, which complicates and
threatens our family' s ability to care for our child in a medical emergency or if
something should happen to Shauna.
12. North Carolina prohibition on same-sex marriage also increases our everyday
expenses by denying us many financial benefits that married couples
automatically receive.
of the State, our relationship is inferior and less deserving of respect than any
other loving and committed couple. This stigmatizes and demeans our
citizens. Every day we are unable to legally marry in North Carolina, we suffer
the pain and embarrassment of this indignity.
14. It also humiliates Shauna's children because it calls into question the integrity and
validity of our family.
15. On Thursday, April24, 2014, Shauna and I applied for a marriage license in
Cabarrus County. Because we are a same-sex couple, we were denied a marriage
license by the Register of Deeds.
true.
April , 2014
DECLARATION OF CATHY FRY
1. I live in Huntersville, North Carolina, am of majority age, and am competent to
2. I was raised in Hickory, North Carolina. I graduated from Catawba College in
1980 with a degree in Psychology and from the University of North Carolina-
Charlotte in 1988 with a Masters of Arts in Industrial/Organizational Psychology.
3. I met Joanne Marinaro in July 1985. We have been in a committed relationship
since June 15, 1986. We live together in a home we built in 1988.
4. I have worked with my brother in the furniture manufacturing industry since
January 2004. We own a small company and build custom high quality
upholstered furniture for the public. Prior to joining my brother in 2004, I worked
for 19 years with an energy company in various management roles.
5. Joanne and I have two children: Kaley (now 22 years old) and Joseph (now 19
years old). Kaley is from Peru and joined our family when she was six months
old. Joseph is from Guatemala and arrived home when he was eight and a half
months old. Kaley graduated summa cum laude from the University of North
Carolina - Asheville in 2013 with a degree in Women and Gender Studies. She
was awarded the A.C. Reynolds Award and the Thomas D. Reynolds Prize for
Leadership and Campus Service. The award was given to a graduate who is
outstanding in service to the campus community. She was also awarded Student
Leader ofthe Year by the Chancellor during senior year. She is contemplating
going to graduate school. Joseph is currently in his second semester at the
University of North Carolina - Charlotte. Joseph started his own lawn care
business which provides steady income and valuable schedule flexibility since he
is currently in school.
6. Joanne and I both attend Holy Trinity Lutheran church, where we have been
members for about 25 years. The members of the church are like family to us.
Throughout the years we have realized that friends and neighbors come and go,
but one thing that is stable and near and dear to our hearts has been our faith
community. Many of our church members were present at the airport when we
arrived home with our children (both times), they were there at their baptisms and
their confirmations. They have watched, loved and supported our children and our
relationship throughout our lives.
7. Pastor Nancy is an amazing pastor and person for whom we have great respect
and love. We cannot imagine anyone else officiating our marriage. We cannot
imagine being married without the presence of our faith community and our
Pastor officiating the ceremony.
8. Amendment One and North Carolina's other marriage laws deny us the
committed couples are able to obtain through marriage. For example, North
Carolina's refusal to let us marry greatly complicates our estate planning and end-
of-life decision-making. We are unable to take advantage of the spousal
exception on inheritance and must pay an inheritance tax on jointly-owned
property. We are unable to recoup any of the benefits afforded to married
couples that can file their taxes jointly.
9. Because of Amendment One and North Carolina's other marriage laws, Joanne
cannot be recognized as the legal parent for our children, which complicates and
threatens our family's ability to care for our children in a medical emergency or if
something should happen to me.
10. Amendment One and North Carolina's other marriage laws also increase our
everyday expenses by denying us the financial benefits that married couples
automatically receive. For example, we cannot be added on each other's medical
or dental insurance program, which causes added expense for health coverage.
Joanne has dental coverage with her employer and I do not. Since we are not (and
currently cannot be) married, Joanne cannot add me or our kids to her policy, so
we have gone without dental coverage.
11. Amendment One and North Carolina's other marriage laws also interfere with our
church performed by Pastor Nancy. We believe strongly in the importance of
Christian, my conception of my faith includes the fundamental right to marry my
partner. North Carolina, however, forbids us from doing that-and makes it
illegal for Pastor Nancy to bless and solemnize our relationship in our church
without a valid marriage license--which, of course, we cannot obtain under the
current law.
12. Amendment One and North Carolina's other marriage laws mean that, in the eyes
citizens. Every day we are unable to legally marry, we suffer the pain and
embarrassment ofthis indignity. It also humiliates our children because it calls
into question the integrity and validity of our family.
13. On Wednesday, April23, 2014, Joanne and I applied for a marriage license in
I declare un,der penalty of perjury, under the laws ofthe State ofNorth Carolina
true.
April ~ , 2014
DECLARATION OF JOANNE MARINARO
1. I live in Huntersville, North Carolina, am of majority age, and am competent to
2. I was raised in Orlando, Florida. I graduated from the University of Central
Florida in 1984 with a degree in Criminal Justice.
3. I met Cathy Fry in July 1985. We have been in a committed relationship since
June 15, 1986. We live together in a home we built in 1988.
4. I am a Senior Manager for a North Carolina based Property and Casualty
Insurance Company. I have been in my current position for five years. My career
in the Insurance Industry spans a 25 year period and includes a variety of
positions in both claims and sales.
5. Cathy and I have two children: Kaley (now 22 years old) and Joseph (now 19
years old). Kaley is from Peru and joined our family when she was six months
old. Joseph is from Guatemala and arrived home when he was eight and a half
months old. Kaley graduated summa cum laude from the University of North
Carolina- Asheville in 2013 with a degree in Women and Gender Studies. She
was awarded the A.C. Reynolds Award and the Thomas D. Reynolds Prize for
Leadership and Campus Service. The award was given to a graduate who is
outstanding in service to the campus community. She was also awarded Student
Leader of the Year by the Chancellor during senior year. She is contemplating
going to graduate school. Joseph is currently in his second semester at the
University ofNorth Carolina - Charlotte. Joseph started his own lawn care
business which provides steady income and valuable schedule flexibility since he
is currently in school.
6. Cathy and I both attend Holy Trinity Lutheran church, where we have been
members for about 25 years. The members of the church are like family to us.
Throughout the years we have realized that friends and neighbors come and go,
but one thing that is stable and near and dear to our hearts has been our faith
community. Many of our church members were present at the airport when we
arrived home with our children (both times), they were there at their baptisms and
their confirmations. They have watched, loved and supported our children and our
relationship throughout our lives.
7. Pastor Nancy is an amazing pastor and person for whom we have great respect
and love. We cannot imagine anyone else officiating our marriage. We cannot
imagine being married without the presence of our faith community and our
Pastor officiating the ceremony.
8. Amendment One and North Carolina's other marriage laws deny us the
committed couples are able to obtain through marriage. For example, North
Carolina's refusal to let us marry greatly complicates our estate planning and end-
of-life decision-making. We are unable to take advantage of the spousal
exception on inheritance and must pay an inheritance tax on jointly-owned
property. We are unable to recoup any of the benefits afforded to married
couples that can file their taxes jointly.
9. Because of Amendment One and North Carolina's other marriage laws, I cannot
be recognized as the legal parent for our children, which complicates and
threatens our family's ability to care for our children in a medical emergency or if
something should happen to Cathy.
10. Amendment One and North Carolina's other marriage laws also increase our
everyday expenses by denying us the financial benefits that married couples
automatically receive. For example, we cannot be added on each other' s medical
or dental insurance program, which causes added expense for health coverage. I
have dental coverage with my employer and Cathy does not. Since we are not
(and currently cannot be) married, I cannot add Cathy or our kids to my policy, so
they have gone without dental coverage.
11. Amendment One and North Carolina's other marriage laws also interfere with our
church performed by Pastor Nancy. We believe strongly in the importance of
Christian, my conception of my faith includes the fundamental right to marry my
partner. North Carolina, however, forbids us from doing that-and makes it
illegal for Pastor Nancy to bless and solemnize our relationship in our church
without a valid marriage license- which, of course, we cannot obtain under the
current law.
12. Amendment One and North Carolina' s other marriage laws mean that, in the eyes
citizens. Every day we are unable to legally marry, we suffer the pain and
embarrassment of this indignity. It also humiliates our children because it calls
into question the integrity and validity of our family.
13. On Wednesday, April23, 2014, Cathy and I applied for a marriage license in
I declare under penalty of perjury, under the laws of the State of North Carolina
true.
~ Y \ c : : ~ ~ ~
OANNMARINARO \
April zc; , 2014

3:14-cv-00213 #53

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

3:14-cv-00213 #53

Transféré par

Droits d'auteur :

Formats disponibles

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Vous aimerez peut-être aussi