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VIA CM/ECF FILING
Molly C. Dwyer, Clerk of Court
Office of the Clerk
U.S. Court of Appeals for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939
September 5, 2014
Re: Sevcik, et al., v. Sandoval, et al., Case No. 12-17668
Notice of Supplemental Authority Pursuant to Fed. R. App. P. 28(j) and Circuit
Rule 28-6
Dear Ms. Dwyer:
Plaintiffs-Appellants respectfully submit the enclosed supplemental authority. On
September 4, 2014, the United States Court of Appeals for the Seventh Circuit
unanimously held that the exclusion by states of same-sex couples from marriage violates
the Equal Protection Clause of the Fourteenth Amendment. Baskin v. Bogan, Nos. 14-
2386 to 14-2388, 14-2526 (7th Cir. Sept. 4, 2014). Baskin supports the following
arguments in Plaintiffs-Appellants briefing (with the relevant docket numbers and pages
cited in parentheticals):
1. Laws barring same-sex couples from marriage cannot survive even rational
basis review. Baskin, slip op. at 8, 25 (ECF No. 20-3 at 65).
2. The exclusion of same-sex couples from marriage cannot be justified by
interests in tradition and caution, Baskin, slip op. at 28-33 (ECF No. 20-3 at
66-70); or procreation and child welfare. Baskin, slip op. at 15-25 (ECF
No. 178-3 at 35-38).
3. Denying same-sex couples the equal dignity of marriage by relegating them
to domestic partnership violates equal protection. Baskin, slip op. at 36
(ECF No. 20-3 at 17-29).
Case: 12-17668 09/05/2014 ID: 9229506 DktEntry: 260-1 Page: 1 of 3
Molly C. Dwyer, Clerk of Court
September 5, 2014
Page 2
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of the Court
for the United States Court of Appeals for the Ninth Circuit by using the appellate
CM/ECF system on September 5, 2014.
I certify that all participants in the case are registered CM/ECF users and that
service will be accomplished by the CM/ECF system.
s/ Tara L. Borelli