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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA


INDIANAPOLIS DIVISION

MICHELLE BOWLING, et al., )
)
Plaintiffs, )
)
v. ) Case No. 1:14-CV-405-RLY-TAB
)
MICHAEL PENCE, in his official capacity as )
Governor of the State of Indiana, et al., )
)
Defendants. )

DEFENDANTS ANSWER TO COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF

Defendants Mike Pence, Greg Zoeller, Michael Alley, and Anita Samuel (the State), by
counsel, hereby file this Answer to the Complaint for Declaratory and Injunctive Relief (the
Complaint) filed in this action by Michelle Bowling, Shannon Bowling, and Linda Bruner
(Plaintiffs).
INTRODUCTION
1. Plaintiffs bring this action to challenge the constitutionality of Indiana Code 31-
11-1-1 (herein the Indianas DOMA). Indianas DOMA provides that only a female may
marry a male. Only a male may marry a female. Ind. Code 31-11-1-1(a). Further, Indianas
DOMA prohibits the State of Indiana from recognizing lawful marriages of same-sex couples
entered into in sister-states that recognize same-sex marriages. Indianas DOMA specifically
states that [a] marriage between persons of the same gender is void in Indiana even if the
marriage is lawful in the place where it is solemnized. Ind. Code 31-11-1-1 (b). Indianas
DOMA violates Plaintiffs constitutional rights. As such, this Court should declare Indianas
DOMA unconstitutional and issue an injunction requiring Indiana state officials to allow same-
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sex couples to marry and recognize the marriage of same-sex couples as being equal to marriages
between opposite sex couples.
ANSWER: Indiana Code 31-11-1-1 speaks for itself. The State admits that
Plaintiffs seek to challenge the constitutionality of Indiana Code 31-11-1-1. The State
denies any remaining allegations set forth in paragraph 1 of the Complaint.

2. Plaintiffs bring this cause of action pursuant to 42 U.S.C. 1983 and 1988 for
declaratory and preliminary and permanent injunctive relief against Defendants pursuant to
Rules 57 and 65 of the Federal Rules of Civil Procedure and 28 U.S.C. 2201 and 2201.
Plaintiffs specifically seek a declaration that Indianas DOMA violates the Due Process Clause
and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, as
well as the Establishment Clause of the First Amendment, Full Faith and Credit of Article IV and
penumbra Right to Travel of the United States Constitution. Plaintiffs also seek a preliminary
and permanent injunction which would prevent Defendants from denying Plaintiffs and all other
same-sex couples the right to marry, and requiring Defendants to recognize the marriages of
Plaintiffs and other same-sex couples lawfully entered into outside of Indiana.
ANSWER: The State admits that Plaintiffs seek declaratory and injunctive relief
under 42 U.S.C. 1983 and 1988, Federal Rules of Civil Procedure 57 and 65, and 28
U.S.C. 2201, but denies that Plaintiffs are entitled to any relief under those statutes and
rules.

3. Indianas DOMA which legally prohibits the State from recognizing same-sex
marriages celebrated in other jurisdictions consistent with the manner in which Indiana treats and
recognizes opposite-sex couples, is effectively enforcing the notion that homosexuals are a
disadvantaged minority group who are politically being discriminated against.
ANSWER: Indiana Code 31-11-1-1 speaks for itself. The State denies any
remaining allegations set forth in paragraph 3 of the Complaint.

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4. There is no adequate remedy at law in Indiana for the Plaintiffs and other
similarly situated same-sex couples and the Plaintiffs are suffering irreparable injury. Granting a
declaratory judgment and injunction prohibiting enforcement of Indianas DOMA would not
cause harm to Defendants, the State of Indiana or to opposite-sex marriages.
ANSWER: The State denies the allegations set forth in paragraph 4 of the Complaint.

THE PARTIES

5. Plaintiff Michelle Bowling (herein Michelle), is a female and an Indiana citizen
who resides in Indianapolis, Indiana.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 5 of the Complaint.

6. Plaintiff Shannon Bowling (herein Shannon), is a female and Indiana citizen
who resides in Indianapolis, Indiana.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 6 of the Complaint.

7. Plaintiff Linda Bruner (herein Linda), is a female and Indiana citizen who
resides in Greenfield, Indiana.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 7 of the Complaint.

8. Defendant Michael Mike Pence, is the Governor of the State of Indiana (herein
Governor). As Governor, he is the chief executive officer of the State of Indiana, and is
charged with the responsibility to ensure the laws of the State of Indiana are enforced. The
Governors office is in Indianapolis, Indiana.
ANSWER: The State admits that Mike Pence is the Governor of the State of Indiana.
The State admits that Indiana Constitution art. 5, 1 provides that [t]he executive power
of the State shall be vested in a Governor, and art. 5, 16 provides that [t]he Governor
shall take care that the laws are faithfully executed. The State admits that the
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Governors office is located in Indianapolis, Indiana. To the extent Plaintiffs allege that
the Governor is a proper defendant, the State denies such allegations. The State denies
any remaining allegations set forth in paragraph 8 of the Complaint because they are
vague and ambiguous.

9. Defendant Gregory Greg Zoeller, is the Attorney General for the State of
Indiana (herein Attorney General). The Attorney General is the chief legal officer for the State
of Indiana. The Attorney Generals office is in Indianapolis, Indiana. The Attorney General has
publically declared that he will defend Indianas DOMA against all legal challenges.
ANSWER: The State admits that Greg Zoeller is the Attorney General of the State of
Indiana and the chief legal officer for the State of Indiana and that his office is located in
Indianapolis, Indiana. Attorney General Zoellers public declarations speak for
themselves. To the extent Plaintiffs allege that the Attorney General is a proper
defendant, the State denies such allegations. The State denies any remaining allegations
set forth in paragraph 9 of the Complaint because they are vague and ambiguous.

10. Defendant Michael Mike Alley, is the Commissioner of the Indiana Department
of Revenue (herein DOR). The DOR is responsible for providing service to Indiana citizens
regarding state tax matters. The DORs office is in Indianapolis, Indiana.
ANSWER: The State admits the allegations set forth in paragraph 10 of the
Complaint.

11. Defendant Anita Samuel, is the Executive Director of the Indiana State Personnel
Department (herein ISPD). The ISPD is responsible to deliver integrated Human Resource
services, allowing the governors office and agencies to effectively achieve their stated goals and
objectives. The ISPDs office is in Indianapolis, Indiana.
ANSWER: The State denies that Anita Samuel is the Executive Director of the
Indiana State Personnel Department. The State admits that, pursuant to Indiana Code
4-15-2.2-7, Anita Samuel is the State Personnel Director of the State of Indiana and that
the ISPDs office is located in Indianapolis, Indiana. ISPDs website states that ISPDs
mission is [t]o deliver integrated Human Resource services, allowing the governors
office and agencies to effectively achieve their stated goals and objectives, and
otherwise speaks for itself.

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12. Defendants and those subject to their supervision, direction and control, are
responsible for the enforcement of Indianas DOMA and other related laws. The relief requested
in Plaintiffs Complaint is sought against each Defendant, each Defendants office, employees
and agents, and against all other persons acting in cooperation with, under the supervision of, at
the direction of, or under the control of the Defendants.
ANSWER: The State denies the allegations set forth in paragraph 12 of the Complaint
because they are vague and ambiguous.

13. By statute in Indiana, the Defendants took an oath before entering office to
support the Constitution of the United States and the Constitution of the State of Indiana, and
that the officer or deputy will faithfully discharge the duties of such office. Ind. Code 5-4-1-1.
ANSWER: Indiana Code 5-4-1-1 speaks for itself.

14. All Defendants named above are, and at all relevant times have been, acting under
color of state law, subjected or caused Plaintiffs to be subjected to a deprivation of Plaintiffs
rights, and are sued in their official capacities in accordance with 42 U.S.C. 1983.
ANSWER: The State admits that Michael Alley and Anita Samuel have acted under
color of state law at all times relevant to this matter. The State denies that Mike Pence
and Greg Zoeller have acted under color of state law at all times relevant to this matter.
The State admits that all Defendants are sued in their official capacities. The State admits
that Plaintiffs seek to bring this action under 42 U.S.C. 1983, but deny that Plaintiffs
are entitled to any relief under that statute. The State denies any remaining allegations set
forth in paragraph 14 of the Complaint.

JURISDICTION AND VENUE
15. This Court has original jurisdiction over the parties and the subject matter of this
proceeding under 28 U.S.C. 1331 and 1343, as Plaintiffs Complaint raises questions under
the Constitution of the United States and under 42. U.S.C. 1983 and 1988.
ANSWER: The State admits that the Complaint describes at least one claim over
which the Court would have federal question jurisdiction and that Plaintiffs seek to bring
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this action under 42 U.S.C. 1983 and 1988, but denies that Plaintiffs are entitled to any
relief under those statutes.

16. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) as all Defendants
reside in this District and the State of Indiana and a substantial portion of the event giving rise to
this claim occurred in this District.
ANSWER: The State admits that venue is proper in this district. The State is without
knowledge or information sufficient to form a belief as to where a substantial portion of
the event giving rise to this claim occurred.

THERE IS NO RATIONAL OR LEGITIMATE STATE INTEREST IN EXCLUDING
SAME-SEX MARRIAGE
17. Marriage is the legal institution in Indiana in which a family unit is recognized
and protected and which third parties are required by law to recognize and protect.
ANSWER: The State denies the allegations set forth in paragraph 17 of the Complaint
because they are vague and ambiguous and call for legal conclusions.

18. A legal marriage creates an array of automatic legal and economic benefits and
privileges.
ANSWER: The State admits that Indiana law confers some benefits in some
circumstances based on marital status. The State denies any remaining allegations set
forth in paragraph 18 of the Complaint because they are vague and ambiguous.

19. Indianas Family Law Code was codified to: (1) recognize the importance of
family and children in our society; (2) recognize the responsibility of the state to enhance the
viability of children and family in our society; (3) acknowledge the responsibility each person
owes to the other; and (4) strengthen family life by assisting parents to fulfill their parental
obligations. Ind. Code 31-10-2-1.
ANSWER: Indiana Code 31-10-2-1 speaks for itself.

20. Marriage has been described as the most important relation in life. Zablocki v.
Redhail, 434 U.S. 374, 384 (1978).
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ANSWER: Zablocki v. Redhail, 434 U.S. 374 (1978), speaks for itself.

21. Marriage is a fundamental constitutional right and the freedom to marry has long
been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by
free men. Loving v. Virginia, 388 U.S. 1, 12 (l967) (finding that the freedom to marry or not
marry, a person of another race resides with the individual and cannot be infringed by the State).
ANSWER: Loving v. Virginia, 388 U.S. 1 (1967), speaks for itself. The State denies
any remaining allegations set forth in paragraph 21 of the Complaint because they are
vague and ambiguous and call for legal conclusions.

22. Indiana only recognizes opposite-sex couples for the purposes of marriage and
provides statutory rights, protections and benefits to those couples only while specifically
excluding those statutory rights, protections and benefits to same-sex couples who wish to marry
or have been lawfully married in other states.
ANSWER: The State denies that Indiana recognizes all opposite-sex couples for the
purposes of marriage. The State admits that Indiana law confers some benefits in some
circumstances based on marital status and that Indiana law both does not license same-
sex marriages and declares out-of-state same-sex marriages void for that purpose. To the
extent Plaintiffs allege that Indianas traditional marriage definition has discriminatory
effect or purpose, the State denies such allegations. The State denies any remaining
allegations set forth in paragraph 22 of the Complaint because they are vague and
ambiguous.

23. Homosexuals are a politically disadvantaged minority group that have been
subjected to disparate and unequal treatment and have not historically been afforded the
constitutional protections nationally and here in the State of Indiana.
ANSWER: The State denies the allegations set forth in paragraph 23 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

24. The Federal Defense of Marriage Act, allowing states to refuse to recognize
same-sex marriage was enacted in 1996. 28 U.S.C. 1738C.
ANSWER: 28 U.S.C. 1738C speaks for itself.
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25. Indianas DOMA to ban same-sex marriage was enacted by in 1997. Ind. Code
31-11-1-1. Indianas DOMA furthers no legitimate government or state interest but was rather
the enactment was motivated by animus towards gays, lesbians and same-sex couples.
ANSWER: Indiana Code 31-11-1-1 speaks for itself. The State denies any
remaining allegations set forth in paragraph 25 of the Complaint.

26. In 2003, Massachusetts became the first state in the U.S. to legalize same-sex
marriage. Goodridge v. Dept. of Public Health, 798 N.E.2d 941, 962 (Mass. 2003). In response
and to protect marriage in 2004, an amendment was introduced in Indiana to amend the
Indiana Constitution to prohibit same-sex marriage in an effort to preserve existing law,
religious tradition and thousands of years of history from a carefully orchestrated attack by
liberal special interests. Press Release, State Senator Brandt Hershman, Senate Passes
Resolution to Protect Marriage (February 5, 2004).
ANSWER: Goodridge v. Dept of Pub. Health, 798 N.E.2d 941 (Mass. 2003), and the
press release cited in paragraph 26 of the Complaint speak for themselves. The State
denies any remaining allegations set forth in paragraph 26 of the Complaint.

27. Since 2004, same-sex couples in Indiana have even been targeted relentlessly
through proposed legislation to amend the Indiana Constitution to ban same-sex marriage.
Specifically in 2013-2014 session, House J oint Resolution 3, which passed both the Indiana
House and Senate would constitutionally define, [o]nly a marriage between one (1) man and
one (1) woman shall be valid or recognized as a marriage in Indiana. HJ R3 (2013). Most
recently on March 3, 2014, the legislature introduced House Bill 1380 which would prohibit
lawfully married same-sex couples from filing state returns taxes jointly in accordance with
current IRS policies if passed. HB1380 (2014).
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ANSWER: H.J .R. 3, 118th Gen. Assem., 1st Reg. Sess. (Ind. 2013), and H.B. 1380,
118th Gen. Assem., 2d Reg. Sess. (Ind. 2014), speak for themselves. The State denies
any remaining allegations set forth in paragraph 27 of the Complaint.

28. In 2005, the Indiana Court of Appeals addressed the constitutionality of Indianas
DOMA and found it to be constitutional. Morrison v. Sadler, 821 N.E.2d 15, 35 (Ind. Ct. App.
2005).
ANSWER: Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005), speaks for itself.
29. The purpose and interests in upholding Indianas DOMA are moral and political
in nature. The States past reasoning in excluding recognition of same-sex couples is based on
the traditional idea of marriage and on responsible and natural procreation grounds. Id. at
24-25. Indiana claims that the rights, protections and benefits given to heterosexual marriage is
in order to encourage male-female couples to procreate within the legitimacy and stability of a
state sanctioned relationship and to discourage unplanned, out-of-wedlock births resulting from
casual intercourse. Id. It further reasons that where heterosexual couples enter into marriage
with no intention of having children, if an accident happens, it will encourage them to stay
together to raise a child. Id.
ANSWER: Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005), and the States
prior court filings speak for themselves. The State denies any remaining allegations set
forth in paragraph 29 of the Complaint because they are vague and ambiguous.

30. The States reasoning on responsible procreation grounds is not only irrational
but also unreasonable. The disparate treatment accorded by Indianas DOMA is not rationally
related to a legitimate government purpose and furthers no legitimate state interest which can
justify its intrusion into the personal and private life of same-sex couples.
ANSWER: The State denies the allegations set forth in paragraph 30 of the
Complaint.

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31. Indiana does not check the procreative ability of parties who marry in Indiana or
in opposite-sex marriages from other states. In addition, the reasoning does not take into
consideration couples that are infertile, those who chose not to have children, are
postmenopausal, has had a vasectomy or even a sex change. See Davis v. Summers, 1 N.E.3d
184, 187 (Ind. Ct. App. 2013) (finding that a marriage between persons of the same gender,
where one spouse obtained a sex change, was found to be a valid marriage in Indiana). Clearly,
after one party has had a sex change, accidental procreation is no longer possible.
ANSWER: In re Marriage of Davis, 1 N.E.3d 184 (Ind. Ct. App. 2013), speaks for
itself. The State denies any remaining allegations set forth in paragraph 31 of the
Complaint because they are vague and ambiguous.

32. In also finding that the states procreation argument lacks a rational basis, other
federal courts have reasoned that permitting same-sex couples to marry will not affect the
number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage
or otherwise affect the stability of opposite-sex marriages. Perry v. Schwarzenegger, 704 F.
Supp. 2d 921, 972 (N.D. Cal. 2010); see also Perry v. Brown, 671 F.3d 1052, 1089 (9th Cir.
2012).
ANSWER: Perry v. Schwarzenegger, 704 F. Supp. 2d 921 (N.D. Cal. 2010), and
Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012), speak for themselves. The State denies
any remaining allegations set forth in paragraph 32 of the Complaint.

33. Many same-sex couples are adopting and also using the assistance of artificial
assisted reproduction. In fact, Indiana allows same-sex couples to adopt. See In Re Adoption of
M.M.G.C., 785 N.E.2d 267,270 (Ind. Ct. App. 2003).
ANSWER: In re Adoption of M.M.G.C., 785 N.E.2d 267 (Ind. Ct. App. 2003), speaks
for itself. The State is without knowledge or information sufficient to form a belief as to
the truth of the allegations regarding adoption and reproductive trends among same-sex
couples. The State denies any remaining allegations set forth in paragraph 33 of the
Complaint because they are vague and ambiguous.
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34. There are no studies or evidence indicating that same-sex couples lack the ability
to be in a successful relationship or lack the ability raise children the same as opposite-sex
couples. Rather, extending civil marriage to same-sex couples reinforces the importance of
marriage to individuals and communities. Those same-sex couples are willing to embrace
marriages solemn obligations of exclusivity, mutual support, and commitment to one another is
a testament to the enduring place of marriage in our laws and in the human spirit. Goodridge,
798 N.E.2d at 962.
ANSWER: Goodridge v. Dept of Pub. Health, 798 N.E.2d 941 (Mass. 2003), speaks
for itself. The State denies any remaining allegations set forth in paragraph 34 of the
Complaint because they are vague and ambiguous.

35. This instant case is distinguishable to Morrison. The Court in Morrison, began its
analysis by stating that the Plaintiffs in the case made no explicit argument that Indianas
limitation of marriage to opposite sex couples violated the United States Constitution and that
there was binding United States Supreme Court precedent indicating that state bans on same-sex
marriage did not violate the United States Constitution. Morrison, 821 N.E.2d. at 19; (citing
Baker v. Nelson, 409 U.S. 810 (1972) where the U.S. Supreme Court dismissed a challenge on
the ban of same-sex marriage for want of a substantial federal question).
ANSWER: Morrison v. Sadler, 821 N.E.2d 15 (Ind. Ct. App. 2005), speaks for itself.
The State denies any remaining allegations set forth in paragraph 35 of the Complaint
because they call for legal conclusions.

36. Unlike the Plaintiffs in Morrison, Plaintiffs in this instant case are making an
explicit argument that Indianas limitation of marriage to opposite-sex couples violates not only
the Indiana Constitution but United States Constitution as well.
ANSWER: The State admits that Plaintiffs have challenged Indiana Code 31-11-1-1
under the United States Constitution.
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37. Moreover, because of the 2013 U.S. Supreme Courts decision in United States v.
Windsor, where the U.S. Supreme Court held that Section 3 of the Defense of Marriage Act
(DOMA) was unconstitutional, Baker is no longer controlling. U.S. v. Windsor, 133 S.Ct. 2675,
2695 (2013).
ANSWER: United States v. Windsor, 133 S. Ct. 2675 (2013), and Baker v. Nelson,
409 U.S. 810 (1972), speak for themselves. The State denies any remaining allegations
set forth in paragraph 37 of the Complaint because they call for legal conclusions.

38. The Court in Windsor held that, the principal purpose and necessary effect of the
Anti-Recognition Laws are to demean those persons who are in a lawful same-sex marriage. Id.
at 2695. The Court found that by refusing to acknowledge lawful same-sex marriage has the
effect of instructing all officials, and indeed all persons with whom same-sex couples interact,
including their own children, that their marriage is less worthy than the marriages of others. Id. at
2696.
ANSWER: United States v. Windsor, 133 S. Ct. 2675 (2013), speaks for itself. To the
extent Plaintiffs allege that federal non-recognition of lawful New York marriages is
comparable to Indianas non-recognition of out-of-state same-sex marriages, the State
denies such allegations. The State denies any remaining allegations set forth in paragraph
38 of the Complaint because they call for legal conclusions.

39. Further, as the Circuit Court in Windsor noted [i]n the forty years after Baker,
there have been manifold changes to the Supreme Courts equal protection jurisprudence and
that [e]ven if Baker might have had resonance ... in 1971, it does not today. Windsor v. United
States, 699 F.3d 169, 178 (2nd Cir. 2012), affd, 133 S. Ct. 2675 (2013).
ANSWER: Windsor v. United States, 699 F.3d 169 (2d Cir. 2012), speaks for itself.
The State denies any remaining allegations set forth in paragraph 39 of the Complaint
because they call for legal conclusions.

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40. As noted by the U.S. Supreme Court, for centuries there have been powerful
voices to condemn homosexual conduct as immoral. The condemnation has been shaped by
religious beliefs, conceptions of right and acceptable behavior, and respect for the traditional
family. Lawrence v. Texas, 539 U.S. 558,571 (2003).
ANSWER: Lawrence v. Texas, 539 U.S. 558 (2003), speaks for itself.

41. However, the last several decades and more recently in the last nine months
following the Supreme Courts decision in Windsor, there has been a significant change in
attitude and acceptability regarding homosexuality and same-sex marriage. See Windsor, 133
S.Ct.2575.
ANSWER: United States v. Windsor, 133 S. Ct. 2675 (2013), speaks for itself. The
State denies any remaining allegations set forth in paragraph 41 of the Complaint
because they are vague and ambiguous.

42. In 1996, the U.S. Supreme Court confirmed that the United States Constitution
prohibits discrimination on the basis of sexual orientation. Romer v. Evans, 517 U.S. 620, 635
(1996).
ANSWER: Romer v. Evans, 517 U.S. 620 (1996), speaks for itself. The State denies
any remaining allegations set forth in paragraph 42 of the Complaint because they call for
legal conclusions.

43. The U.S. Supreme Court held that the Due Process Clause of the Fourteenth
Amendment protected the sexual relations and privacy of gay men and lesbians. Lawrence, 539
U.S. at 578. Relying on Planned Parenthood v. Casey, where the Court had previously held that
individuals were entitled to constitutional protections in regards to personal decisions relating to
marriage, procreation, contraception, family relationships, child rearing and education without
infringement by the States the Court added that persons in homosexual relationships may seek
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autonomy for these purposes, just as heterosexuals do. Id. at 574; citing Planned Parenthood of
Southeastern Pa. v. Casey. 505 U.S. 833, 850 (1992).
ANSWER: Lawrence v. Texas, 539 U.S. 558 (2003), and Planned Parenthood of Se.
Pa. v. Casey, 505 U.S. 833 (1992), speak for themselves. The State denies any remaining
allegations set forth in paragraph 43 of the Complaint because they call for legal
conclusions.

44. Allowing the denial of legal rights, protections and benefits to same-sex couples
with lawful marriages outside of Indiana facilitates and encourages discrimination.
ANSWER: To the extent Plaintiffs allege that Indianas traditional marriage definition
has discriminatory effect or purpose or otherwise harms Plaintiffs, the Defendants deny
such allegations. The Defendants deny any remaining allegations set forth in paragraph
44 of the Complaint because they are vague and ambiguous.

45. Today, seventeen states, California, Connecticut, Delaware, Hawaii, Illinois,
Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New J ersey, New Mexico,
New York, Rhode Island, Vermont, Washington and the District of Columbia have legalized
same-sex marriage. Illinois law legalizing same-sex marriage will be effective J une 1, 2014 but
many counties are issuing marriage licenses in advance of the date. Twenty-eight states have
constitutional prohibitions against same-sex marriage, including Oregon who does recognize
same-sex marriages in other states, while another four states West Virginia, Wyoming,
Pennsylvania, and Indiana prohibit same-sex marriage under state law.
ANSWER: The laws of the States listed in paragraph 45 of the Complaint speak for
themselves.

46. Given the changes in the jurisprudence and binding precedent in Windsor,
Indianas DOMA violates the United States Constitution and the Defendants, who have taken an
oath to support the Constitution of the United States must be enjoined from enforcing Indianas
DOMA.
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ANSWER: United States v. Windsor, 133 S. Ct. 2675 (2013), speaks for itself.
Indiana Constitution art. 15, 4, which provides that [e]very person elected or appointed
to any office under this Constitution, shall . . . take an oath or affirmation, to support the
Constitution . . . of the United States, and Indiana Code Section 5-4-1-1, which provides
that every officer . . . shall take an oath to support the Constitution of the United States,
speak for themselves. The State denies any remaining allegations set forth in paragraph
46 of the Complaint.

47. Declaring Indianas DOMA unconstitutional and recognizing the right to same-
sex marriage, provides legitimacy and in the process increases further social acceptability.
ANSWER: The State denies the allegations set forth in paragraph 47 of the
Complaint because they are vague and ambiguous.

INDIANAS REFUSAL TO RECOGNIZE LAWFUL SAME-SEX MARRIAGES IS
HARMFUL AND DISCRIMINATORY
48. Indianas recognition of the existence of a foreign marriage is a matter of comity.
Mason v. Mason, 775 N.E.2d 706, 707 (Ind. Ct. App. 2002) (citing Roche v. Washington, 19 Ind.
53, 54 (Ind. 1862)).
ANSWER: Mason v. Mason, 775 N.E.2d 706 (Ind. Ct. App. 2002), speaks for itself.
The State denies any remaining allegations set forth in paragraph 48 of the Complaint
because they call for legal conclusions.

49. On comity grounds, Indiana will accept as legitimate a marriage lawfully
contracted in the place where it is celebrated, but Indiana need not apply a sister states laws if
the law violates Indiana public policy. Id. (citing Bolkovac v. State, 304, 98 N.E.2d 250, 254
(Ind. 1951)).
ANSWER: Mason v. Mason, 775 N.E.2d 706 (Ind. Ct. App. 2002), speaks for itself.
The State denies any remaining allegations set forth in paragraph 49 of the Complaint
because they call for legal conclusions.

50. The Indiana Court of Appeals ruled in Mason that a man who was married to his
first cousin, which is void in Indiana pursuant to Ind. Code 31-11-8-3, was nevertheless valid
under the Full Faith and Credit Clause of the United States Constitution because the court found
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that it was legal to marry a first cousin in Tennessee where the parties were married. Mason, 775
N.E.2d at 707.
ANSWER: Mason v. Mason, 775 N.E.2d 706 (Ind. Ct. App. 2002), speaks for itself.
The State denies any remaining allegations set forth in paragraph 50 of the Complaint
because they call for legal conclusions.

51. Based on the changing jurisprudence and because of the fact that there is no
legitimate state interest in banning same-sex marriages or in not recognizing lawful marriages
from sister-states, no public policy exception exists.
ANSWER: The State denies the allegations set forth in paragraph 51 of the
Complaint.

52. The anti-recognition of Plaintiffs lawful marriages and other similarly situated
same-sex married couples in Indiana is discriminatory and causes not only social but legal and
economic harms as well.
ANSWER: The State denies the allegations set forth in paragraph 52 of the
Complaint.

53. Socially, anti-recognition laws stigmatize and deny individuals the stability and
respect given to opposite-sex couples and their children. As J ustice Kennedy noted in Windsor,
the law in question makes it even more difficult for the children to understand the integrity and
closeness of their own family and its concord with other families in their community and in their
daily lives. Windsor, 133 S.Ct. at 2694.
ANSWER: United States v. Windsor, 133 S. Ct. 2675 (2013), speaks for itself. To
the extent Plaintiffs allege that Indianas traditional marriage definition has
discriminatory effect or purpose or otherwise harms Plaintiffs, or that third parties
actions can be attributed to the State, the State denies such allegations. The State denies
any remaining allegations set forth in paragraph 53 of the Complaint because they are
vague and ambiguous.

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54. The denial of Plaintiffs right to marry or have their out of state marriage
recognized as lawful in Indiana, has resulted in irreparable legal and economical harms to
Plaintiffs and other same-sex couples.
ANSWER: The State denies the allegations set forth in paragraph 54 of the
Complaint.

55. One of the most significant legal harms is the inability of a same-sex couple to
obtain a divorce in Indiana and therefore have a right to an equitable division of property. Ind.
Code. 31-15-2 et. seq. and Ind. Code. 31-15-7-4. By denying access to the Courts, same-sex
couples have no redress and would have to in violation of the right to travel, physically relocate
to another state in order to file for a divorce or have their constitutional right as to privacy and
right to marry be infringed by having to remain married indefinitely. Also, should a same-sex
couple want a divorce in order to marry a person of the opposite-sex, they would also further be
denied the right to marry an individual in which Indianas DOMA accepts.
ANSWER: Indiana Code 31-15-2 et seq. and Indiana Code 31-15-7-4 speak for
themselves. To the extent Plaintiffs allege that Indianas traditional marriage definition
has discriminatory effect or purpose or otherwise harms Plaintiffs, the State denies such
allegations. The State denies the allegations set forth in paragraph 55 of the Complaint
because they are vague and ambiguous and call for legal conclusions.

56. Article 1 12 of the Indiana Constitution prohibits denial of access: All courts
shall be open; and every person, for injury done to him in his person, property, or reputation,
shall have remedy by due course of law. J ustice shall be administered freely, and without
purchase; completely; and without denial; speedily, and without delay. Ind. Const. Art. I, 12.
ANSWER: Article 1, 12 of the Indiana Constitution speaks for itself.

57. The U.S. Supreme Court has ruled that a States refusal to admit appellants to its
courts, where the court is the sole means for obtaining a divorce, must be regarded as the
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equivalent of denying them an opportunity to be heard and a denial of due process pursuant to
the Fourteen Amendment. Boddie v. Connecticut, 401 U.S. 371, 381 (1971) ( holding that a state
may not pre-empt the right to dissolve this lawful relationship without affording all citizens
access to the means it has prescribed for doing so due to an individuals inability to pay a filing
fee).
ANSWER: Boddie v. Connecticut, 401 U.S. 371 (1971), speaks for itself. The State
denies any remaining allegations set forth in paragraph 57 of the Complaint because they
call for legal conclusions.

58. The court system is the only means in which an individual can obtain a divorce in
Indiana. Therefore, Indiana must therefore recognize lawful same-sex marriages in order to
afford to Plaintiffs and all individuals a meaningful opportunity to be heard if it is to fulfill the
promise of the Due Process Clause of the Fourteenth Amendment of the United States
Constitution.
ANSWER: The State denies the allegations set forth in paragraph 58 of the Complaint
because they call for legal conclusions.

59. Other legal and economical injuries facing Plaintiffs and other same-sex couples
include but are not limited to:
a. Same-sex couples cannot obtain a legal separation in Indiana. Ind. Code 31-15-
3-9.
b. Same-sex couples are not entitled to spousal maintenance and the financial duty to
support a spouse. Ind. Code 31-15-7-2.
c. Communications between husband and wife are privileged and are not extended
to same-sex couples. Ind. Code 34-46-3-1(4).
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d. Same-sex couples would not qualify as presumptive dependents entitled to death


benefits under Indianas Workers Compensation law. Ind. Code 22-3-3-19.
e. Same-sex couples do not have the legal standing to bring suit for wrongful death
and loss of consortium. Ind. Code 34-23-1-1.
f. If a same-sex spouse dies intestate, the other spouse does not qualify to take the
elective share and family allowance pursuant to Indiana Probate law and receives nothing. Ind.
Code 29-1-3-l(a); Ind. Code 29-1-2-1; Ind. Code 29-1-4-1(c).
g. Same-sex couples are not granted the spousal priority if a conservator needs to be
appointed to make financial and or medical decisions on the spouses behalf. Ind. Code 29-1-
10-1 (a).
h. Same-sex couples are not allowed to hold title by tenancy in the entirety and
therefore do not have rights of survivorship. Ind. Code 31-17-3-1.
i. Opposite-sex couples may have burial rights held in joint tenancy by Husband and
Wife. Ind. Code 23-14-40-4.
j. A surviving opposite-sex spouse has priority to make burial and final
arrangements after the death of a spouse. Ind. Code 29-2-19-17.
k. Same-sex couples cannot file joint income tax returns to the Indiana Department
of Revenue and must specifically file with a filing status of single.
l. Same-sex couples are NOT eligible for Indiana State Insurance Benefits and said
policies specifically provide that coverage only extends to a member of the opposite-sex to
whom you are lawfully married and a marriage between persons of the same gender is void in
Indiana even if the marriage is lawful in the place where it is solemnized. See The Indiana State
Personnel Department Employee Group Benefit Handbook.
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m. Children born to same-sex couples are not deemed to be children of both spouses.
Ind. Code Same-sex couples are not afforded the same rights to child support, custody and
parenting time. Ind. Code. 31-14-7-1. Children born to same-sex couples are not entitled to the
right of inheritance through intestate succession. Ind. Code 29-1-2-1.
n. Same-sex couples cannot receive family rates for homeowners, auto and other
types of insurance.
o. There are no laws in Indiana prohibiting rules on denying hospital visitations to
same-sex couples.
p. There are no laws in Indiana prohibiting housing discrimination against same-sex
couples.
q. Same-sex couples cannot receive social security benefits, Medicare and disability
benefits for their spouses. 42 U.S.C. 416(h)(a)(A)(i).
r. Same-sex couples cannot receive veterans and military benefits for their spouses
such as medical care, special loans and education assistance.
s. Same-sex couples cannot take family leave under FMLA to care for their spouse.
29 C. R. 825.122(b).
t. Same-sex couples are not as protected in federal bankruptcies as are heterosexual
couples in Indiana. Married couples in Indiana are given higher exemptions for personal and real
property, whereas same-sex couples would receive the single exemption rate.
ANSWER: Indiana Code 31-15-3-9, 31-15-7-2, 34-46-3-1(4), 22-3-3-19, 34-23-1-
1, 29-1-3-1(a), 29-1-2-1, 29-1-4-1(c), 29-1-10-1(a), 31-17-3-1 (repealed), 23-14-40-4, 29-
2-19-17, 31-14-7-1 and 42 U.S.C. 416(h)(1)(A)(i) and 29 C.F.R. 825.122(b) speak for
themselves. The State admits that Indiana law confers some benefits in some
circumstances based on marital status and that Indiana law both does not license same-
sex marriages and declares out-of-state same-sex marriages void for that purpose. To the
extent Plaintiffs allege that Indianas traditional marriage definition has discriminatory
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effect or purpose or otherwise harms Plaintiffs, or that third parties actions can be
attributed to the State, the State denies such allegations. The State denies any remaining
allegations set forth in paragraph 59 of the Complaint because they are vague and
ambiguous.

60. Declaring Indianas DOMA unconstitutional and enjoining the Defendants from
its enforcement, would provide the Plaintiffs and other same-sex couples a remedy to the harms
the discriminatory laws create.
ANSWER: The State denies the allegations set forth in paragraph 60 of the
Complaint.

PLAINTIFFS
61. After living together and committing to relationship together, Michelle and
Shannon decided to get married to express their love and commitment to one another. Even
though Michelle and Shannon wanted to get married, Indianas DOMA prohibited them from
marrying a consenting adult of their choosing. As a result of the prohibition under Indianas
DOMA, Michelle and Shannon were forced to travel out of state to enter into a lawful marriage.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 61 of the Complaint.

62. On J anuary 18, 2011, Michelle and Shannon were lawfully married in Polk
County, Iowa.
ANSWER: Exhibit 1 in support of Plaintiffs Motion for Summary J udgment [Doc.
21-1] speaks for itself. The State is without knowledge or information sufficient to form
a belief as to the truth of any remaining allegations set forth in paragraph 62 of the
Complaint.

63. After they were lawfully married in Polk County, Iowa, Michelle and Shannon
returned to their home and employment in Indiana. Michelle is employed as a clerk of the
Marion County Small Claims Court, Decatur Township Division, and Shannon is an employee of
the State of Indiana working for the Department of Corrections.
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ANSWER: The State is without knowledge or information sufficient to form a belief


as to the truth of the allegations set forth in paragraph 63 of the Complaint.

64. As an employee for the State of Indiana, Shannon receives benefits but Michelle
is NOT eligible for Indiana State Insurance Benefits because the policies of the ISPD expressly
prohibits coverage for same-sex couples.
ANSWER: The State admits the allegations set forth in paragraph 64 of the
Complaint.

65. Michelle and Shannon live with and are raising Michelles three (3) children from
a previous relationship. Michelle, Shannon, and their children live together as a loving, warm,
and caring family. However, Indianas DOMA treats their family differently from other families
where the parents are opposite-sex couples. This discriminatory treatment not only causes
Michelle and Shannons family to suffer the numerous harms listed above, but also demeans and
devalues their family as a whole.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of any personal information asserted in paragraph 65 of the Complaint. To
the extent Plaintiffs allege that Indianas traditional marriage definition has
discriminatory effect or purpose or otherwise harms Plaintiffs, or that third parties
actions can be attributed to the State, the State denies such allegations. The State denies
any remaining allegations set forth in paragraph 65 of the Complaint because they are
vague and ambiguous.

66. Linda is employed as an Emergency Medical Technician who married her wife
Lori Roberts on J uly 20, 2010.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 66 of the Complaint.

67. Linda and her wife Lori began dating in August of 2003 and eventually living
together raising Loris two (2) children, prior to their lawful marriage in Iowa.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 67 of the Complaint.
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68. Linda and Lori were married in Sioux City in Woodbury County, Iowa.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 68 of the Complaint.

69. Like many opposite-sex marriages in Indiana, Linda and Loris relationship
reached a point where there became irreconcilable differences and they could no longer remain
together as wife and wife.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 69 of the Complaint.

70. After their separation, Linda petitioned and was granted a protective order against
her wife in Hancock County, Indiana.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 70 of the Complaint.

71. On J anuary 31, 2013, Linda filed her Petition for Dissolution of Marriage in the
Marion Superior Court, Civil Division, Room Five under Cause Number 49D05-1301-DR-3893.
ANSWER: The docket for Cause Number 49D05-1301-DR-3893 in the Marion
Superior Court, Civil Division, speaks for itself.

72. The Marion Circuit and Superiors position is that the court does not have subject
matter jurisdiction to grant a same-sex couples dissolution in Indiana. In addition to filing this
Complaint, should her petition be dismissed, Linda intends to file an appeal with the Indiana
Court of Appeals.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 72 of the Complaint.

73. The court system is the only means in which an individual may obtain a divorce
in Indiana. The trial courts refusal to grant a dissolution to Linda, denies her access to the courts
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and a meaningful opportunity to be heard in violation of her constitutional rights. Further, Linda
is forced to remain in an unhealthy and unsafe marriage.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of any personal information asserted in paragraph 73 of the Complaint. To
the extent Plaintiffs allege that Indianas traditional marriage definition has
discriminatory effect or purpose or otherwise harms Plaintiffs, the State denies such
allegations. The State denies any remaining allegations set forth in paragraph 73 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

74. In order to obtain a divorce, Linda would be forced to forgo her current
employment as en Emergency Medical Technician, would be forced to leave her home and
relocate to another state that recognizes her lawful marriage. In addition, in order to be able to
obtain a divorce in another state, Linda would have to meet that states residency requirements,
which in Iowa would be one year. Relocating to another state would also create personal
jurisdiction problems as to Lori.
ANSWER: The State is without knowledge or information sufficient to form a belief
as to the truth of any personal information asserted in paragraph 74 of the Complaint. To
the extent Plaintiffs allege that Indianas traditional marriage definition has
discriminatory effect or purpose or otherwise harms Plaintiffs, the State denies such
allegations. The State denies any remaining allegations set forth in paragraph 74 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

75. Indianas DOMA violates several clauses Indiana Constitution as well as the
United States Constitution.
ANSWER: The State denies the allegations set forth in paragraph 75 of the
Complaint.

COUNT I: DUE PROCESS
76. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-75.
ANSWER: The State incorporates by reference its responses to the allegations of
paragraphs 1-75.

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77. The Fourteenth Amendment to the United States Constitution precludes any State
from depriving any person of life, liberty or property, without the due process of law. U.S.
Const. amend. XIV, 1.
ANSWER: The Fourteenth Amendment to the United States Constitution speaks for
itself.

78. The freedom to marry has long been a fundamental liberty protected by the Due
Process Clause of the United States Constitution.
ANSWER: The State denies the allegations set forth in paragraph 78 of the Complaint
because they call for legal conclusions.

79. Plaintiffs have a liberty, property, and privacy interest in their marital status and
should be entitled to the certain rights, responsibilities, benefits and protections regardless of
sexual orientation.
ANSWER: The State denies the allegations set forth in paragraph 79 of the Complaint
because they call for legal conclusions.

80. Defendants enforcement of Indianas DOMA and all other sources of state law
that preclude marriage and exclude recognition of lawful marriages for same-sex couples,
violates the Due Process Clause.
ANSWER: The State denies the allegations set forth in paragraph 80 of the
Complaint.

81. Extending the Loving analogy to the same-sex marriage context, the freedom to
marry or not marry, a person of the same-sex should reside with the individual and cannot be
infringed by the State and to deny this fundamental freedom would surely deprive all the States
citizens liberty without the due process of the law. Loving, 388 U.S. at 12.
ANSWER: Loving v. Virginia, 388 U.S. 1 (1967), speaks for itself. To the extent
Plaintiffs allege that anti-miscegenation laws are comparable to states traditional
marriage definitions, the State denies such allegations. The State denies any remaining
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allegations set forth in paragraph 81 of the Complaint because they call for legal
conclusions.

82. Defendants enforcement of Indianas DOMA deprives Plaintiffs and other same
sex couples of their constitutional rights without due process of law because it prevents Plaintiffs
from marrying the person of their choice, denies them access to the state-recognized institution
of marriage and violates the Plaintiffs fundamental freedom to marry and fundamental freedom
in liberty, dignity, privacy, family integrity and intimate association under the Fourteenth
Amendment.
ANSWER: The State denies the allegations set forth in paragraph 82 of the
Complaint.

83. Indianas DOMA is not tailored to serve any important government interest that
justifies the Plaintiffs being denied the right to have their marriages recognized and or to marry.
ANSWER: The State denies the allegations set forth in paragraph 83 of the
Complaint.

84. The Defendants, acting under color of state law, have deprived and absent relief
from this Court, will continue to deprive, Plaintiffs of their fundamentals rights secured by the
Due Process Clause in violation of 42 U.S.C. 1983.
ANSWER: The State denies the allegations set forth in paragraph 84 of the
Complaint.

COUNT II: EQUAL PROTECTION
85. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-84.
ANSWER: The State incorporates by reference its responses to the allegations of
paragraphs 1-84.

86. The Equal Protection Clause of the Fourteenth Amendment of the United States
Constitution provides in pertinent part: No State shall make or enforce any law which shall
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abridge the privileges or immunities of citizens of the United States ... nor deny to any person
within its jurisdiction the equal protection of the laws. U.S. Const. amend. XIV, 1.
ANSWER: The Fourteenth Amendment of the United States Constitution speaks for
itself.

87. Plaintiffs, just like other same-sex couples, are identical to opposite-sex couples
in all characteristics relevant to marriage.
ANSWER: The State denies the allegations set forth in paragraph 87 of the
Complaint.

88. Denying the Plaintiffs the ability to marry and have their lawful marriages
recognized, discriminates the Plaintiffs on the basis of their sexual orientation and sex and denies
them the equal protections afforded heterosexual couples.
ANSWER: The State denies the allegations set forth in paragraph 88 of the
Complaint.

89. Indianas DOMA singles Plaintiffs and other same-sex couples out for disfavored
treatment, demeans them, treats them as a lesser class and prevents legal shelter to them and their
families.
ANSWER: The State denies the allegations set forth in paragraph 89 of the
Complaint.

90. The enforcement of these laws violates the right of the Plaintiffs to equal
protection by discriminating impermissibly on the basis of sexual orientation and sex.
ANSWER: The State denies the allegations set forth in paragraph 90 of the
Complaint.

91. Indianas DOMA which excludes same-sex couples from marriage and
Defendants actions in enforcing Indianas DOMA, reflects their moral disapproval of the
Plaintiffs and other same-sex couples. The Defendants cannot use morality, religion or the
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traditional definition of marriage to justify the ban on same-sex marriage and refusal to recognize
lawful same-sex marriages from other states.
ANSWER: The State denies the allegations set forth in paragraph 91 of the
Complaint.

92. The Defendants, acting under color of state law, have deprived and absent relief
from this Court, will continue to deprive, Plaintiffs of their fundamentals rights secured by the
Equal Protection Clause in violation of 42 U.S.C. 1983.
ANSWER: The State denies the allegations set forth in paragraph 92 of the
Complaint.

COUNT III: ESTABLISHMENT CLAUSE
93. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-92.
ANSWER: The State incorporates by reference its responses to the allegations of
paragraphs 1-92.

94. The Establishment Clause of the First Amendment specifically provides that
Congress shall make no law respecting the establishment of religion. U.S. Const.. amend. 1.
ANSWER: The First Amendment of the United States Constitution speaks for itself.

95. The First Amendment applies to the states through the Fourteenth Amendment of
the United States Constitution.
ANSWER: The First and Fourteenth Amendments of the United States Constitution
speak for themselves. The State denies any remaining allegations set forth in paragraph
95 of the Complaint because they call for legal conclusions.

96. The intent of the Establishment Clause is to prevent Defendants from the very
endorsement and support of religion.
ANSWER: The State denies the allegations set forth in paragraph 96 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

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97. Indianas DOMA and other related legislation which targets Plaintiffs and other
same-sex couples, is secular in nature, has the primary purpose of furthering the religious beliefs
of the Defendants and the majority of Indianas legislature, and fosters an excessive
governmental entanglement with religion.
ANSWER: The State denies the allegations set forth in paragraph 97 of the Complaint
because they are vague and ambiguous and call for legal conclusions.

98. The Defendants, acting under color of state law, have deprived and absent relief
from this Court, will continue to deprive, Plaintiffs of their fundamentals rights secured by the
Establishment Clause in violation of 42 U.S.C. 1983.
ANSWER: The State denies the allegations set forth in paragraph 98 of the
Complaint.

COUNT IV: FULL FAITH AND CREDIT
99. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-98.
ANSWER: The State incorporates by reference its responses to the allegations of
paragraphs 1-98.

100. The Full Faith and Credit Clause of the United States Constitution provides, full
faith and credit shall be given in each state to the public acts, records and judicial proceedings of
every other state. U.S. Const. art. IV, 1.
ANSWER: The Full Faith and Credit Clause of the United States Constitution speaks
for itself.

101. Marriage is a status conferred by the states and evidenced by a public record.
ANSWER: The State denies the allegations set forth in paragraph 101 of the
Complaint because they are vague and ambiguous.

102. Plaintiffs are lawfully married in the State of Iowa. However, Indianas DOMA
states that Plaintiffs marriages are void.
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ANSWER: Indiana Code Section 31-11-1-1 and Exhibit 1 in support of Plaintiffs


Motion for Summary J udgment [Doc. 21-1] speak for themselves. The State is without
knowledge or information sufficient to form a belief as to the truth of any remaining
allegations set forth in paragraph 102 of the Complaint.

103. By declaring Plaintiffs marriages void, Defendants have refused to recognize
Plaintiffs union for purposes of Indiana state law therefore causing uncertainty, unpredictability,
non-uniformity which the Full Faith and Credit Clause protect against.
ANSWER: The State denies the allegations set forth in paragraph 103 of the
Complaint.

104. Indianas DOMA has the effect of creating conflicts of law problem where
Plaintiffs are considered lawfully married for federal purposes and lawfully married in all states
that recognize same-sex marriage but not in their home state of Indiana.
ANSWER: The State denies the allegations set forth in paragraph 104 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

105. Also, Indianas DOMA has the additional effect of creating jurisdictional issues
which violate a spouses due process to obtain a dissolution. Should one spouse in a same-sex
marriage move to another state outside of Indiana and file for a dissolution, there are issues of
whether the sister-state has sufficient jurisdiction for the spouse that resides in Indiana. The
conflict would in essence help individual escape obligations.
ANSWER: The State denies the allegations set forth in paragraph 105 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

106. Based upon the changes in jurisprudence and the growing acceptability of
homosexuality, there is no public policy exception.
ANSWER: The State denies the allegations set forth in paragraph 106 of the
Complaint because they are vague and ambiguous and call for legal conclusions.

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107. Defendants refusal to recognize Plaintiffs same-sex marriages lawfully entered


into in the State of Iowa violates the Full Faith and Credit Clause of the United States
Constitution. As such, Plaintiffs are entitled to declaratory and injunctive relief requested in this
Complaint.
ANSWER: The State denies the allegations set forth in paragraph 107 of the
Complaint.

108. The Defendants, acting under color of state law, have deprived and absent relief
from this Court, will continue to deprive, Plaintiffs of their fundamentals rights secured by the
Full Faith and Credit Clause in violation of 42 U.S.C. 1983.
ANSWER: The State denies the allegations set forth in paragraph 108 of the
Complaint.

COUNT V: RIGHT TO TRAVEL
109. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-108.
ANSWER: The State incorporates by reference its responses to the allegations of
paragraphs 1-108.

110. The right to travel is recognized as one of the privileges and immunities afforded
constitutional protection. The Supreme Court has held that long ago recognized ... our
constitutional concepts of personal liberty unite to require that all citizens be free to travel
throughout...our land uninhibited by statutes, rules, or regulations which unreasonably restrict
this movement. Shapiro v. Thompson, 394 U.S. 618, 629 (1969).
ANSWER: Shapiro v. Thompson, 394 U.S. 618 (1969), speaks for itself. The State
denies any remaining allegations set forth in paragraph 110 of the Complaint because
they call for legal conclusions.

111. The right to travel encompasses and protects the right of a citizen of one State to
enter and to leave another State, the right to be treated as a welcome visitor rather than an
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unfriendly alien when temporarily present in the second State, and, for those travelers who elect
to become permanent residents, the right to be treated like other citizens of that State. Saenz v.
Roe, 526 U.S. 489, 500 (1999).
ANSWER: Saenz v. Roe, 526 U.S. 489 (1999), speaks for itself. The State denies any
remaining allegations set forth in paragraph 111 of the Complaint because they call for
legal conclusions.

112. State laws that have no other purpose ... than to chill the assertion of
constitutional rights by penalizing those who choose to exercise them ... [is] patently
unconstitutional. Shapiro, 349 U.S. at 629.
ANSWER: Shapiro v. Thompson, 394 U.S. 618 (1969), speaks for itself. The State
denies any remaining allegations set forth in paragraph 110 of the Complaint because
they call for legal conclusions.

113. Indianas DOMA unreasonably restricts Plaintiffs freedom to travel.
ANSWER: The State denies the allegations set forth in paragraph 113 of the
Complaint.

114. Defendants refusal to recognize Plaintiffs marriages lawfully entered into in the
State of Iowa places an unreasonable burden on Plaintiffs and other similarly situated same-sex
couples constitutional right to travel, as Plaintiffs are forced to decide whether to continue living
in a state that refuses to recognize their marriages or relocate to another state who will recognize
their marriages.
ANSWER: The State denies the allegations set forth in paragraph 114 of the
Complaint.

115. The Defendants, acting under color of state law, have deprived and absent relief
from this Court, will continue to deprive, Plaintiffs of their fundamentals rights secured by the
penumbra rights giving the right to travel within the United States Constitution. in violation of 42
U.S.C. 1983.
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ANSWER: The State denies the allegations set forth in paragraph 115 of the
Complaint.

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment as follows:
1. Declaring Indianas DOMA and any other state law, regulation or policy that
excludes recognition of the marriages of Plaintiffs and other similarly situated same-sex couples
who were lawfully married under the law of another jurisdiction violates the Plaintiffs under the
Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States
Constitution and may not be enforced against same-sex couples married in another jurisdiction.
2. Permanently enjoin the enforcement of Indianas DOMA and all other provisions
of Indiana law, regulation or policy that may deny Plaintiffs equal access to the benefits of
marriage in the State of Indiana, including the right of same-sex couples to marry in or have their
out-of state marriages recognized by the State of Indiana.
3. Awarding Plaintiffs their costs, expenses and reasonable attorneys fees
according to 42 U.S.C. 1988 and any other applicable laws;
4. Granting any and all other such relief the Court deems necessary and proper.
ANSWER: The State denies any factual allegations set forth in paragraphs 1 through 4
of Plaintiffs Prayer for Relief and denies that Plaintiffs are entitled to any of the
relief requested therein.

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AFFIRMATIVE DEFENSES
1. The Court lacks jurisdiction over one or more claims asserted by Plaintiffs
because Governor Pence and Attorney General Zoeller are not suitable defendants under Article
III and/or the Eleventh Amendment bars this action against them because the State of Indiana, as
a sovereign entity, has not consented to be sued by the Plaintiffs.
2. One or more claims asserted by Plaintiffs fail to state a claim on which relief can
be granted because Governor Pence and Attorney General Zoeller are not suitable defendants
under Article III and/or the Eleventh Amendment.
3. The Court lacks jurisdiction over one or more claims asserted by Plaintiffs
because the Tax Injunction Act bars claims against Michael Alley, Commissioner of the Indiana
Department of Revenue.
4. One or more claims asserted by Plaintiffs fail to state a claim on which relief can
be granted because the Full Faith and Credit Clause does not provide rights enforceable through
a declaratory judgment action or through 42 U.S.C. 1983.
5. Plaintiffs rights, privileges, and immunities secured under the Constitution or
laws of the United States have not been violated by any alleged action, inaction, or omission of
Defendants or the State of Indiana, who at all times have acted in compliance and consistent with
the Constitution and laws of the United States and of the State of Indiana.
6. The statutes, rules, and policies challenged are not discriminatory and, in any
event, advance legitimate and compelling public purposes.
7. The statutes, rules, and policies challenged are constitutional.
Case 1:14-cv-00405-RLY-TAB Document 27 Filed 06/16/14 Page 34 of 36 PageID #: 297
35

The State reserves the right to raise affirmative defenses in the future as needed or
warranted by investigation or discovery.
Respectfully submitted,
GREGORY F. ZOELLER
Attorney General of Indiana

s/ Thomas M. Fisher
Thomas M. Fisher
Solicitor General
Office of the Attorney General
302 W. Washington St., IGC-S, 5
th
Floor
Indianapolis, Indiana 46204-2770
Phone: (317) 232-6255
Fax: (317) 232-7979
Email: Tom.Fisher@atg.in.gov
Case 1:14-cv-00405-RLY-TAB Document 27 Filed 06/16/14 Page 35 of 36 PageID #: 298
36

CERTIFICATE OF SERVICE

I hereby certify that on J une 16, 2014, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system, which sent notification of such filing to the following:
Richard A. Mann
Lisa M. J oachim
Todd D. Small
Richard A. Mann, P.C.
3750 Kentucky Avenue
Indianapolis, IN 46221
rmann@richardmann-lawoffice.com
ljoachim@richardmann-lawoffice.com
tsmall@richardmann-lawoffice.com




s/ Thomas M. Fisher
Thomas M. Fisher
Solicitor General

Office of the Attorney General
Indiana Government Center South 5th Floor
302 W. Washington St.
Indianapolis, IN 46204-2770
Phone: (317) 232-6255
Fax: (317) 232-7979
Email: Tom.Fisher@atg.in.gov


Case 1:14-cv-00405-RLY-TAB Document 27 Filed 06/16/14 Page 36 of 36 PageID #: 299