8:14-cv-00356-JFB-TDT Doc # 34 Filed: 01/05/15 Page 1 of 4 - Page ID # 197Flll:.

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SUSAN WATERS et al
Plaintiffs
v

DAVE HEINEMAN et al
Defendants

IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEBRASKA
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CASE NO. 8: 14-cv-0003~fi- c ,,
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INTERNENORS OPPOSITION Rf r lC
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PLAINTIFFS OBJECTION TO
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MOTION TO INTERVENE

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HAROLD WILSON and

GRACY SEDLAK
Internenors

The Intervenors in the above action do hereby object to Plaintiffs Representatives

Brief in Opposition to Intervene of December 29, 2014 and do aver and state the
following:
A.Existing Parties DO NOT adequately represent the Intervenors interests.
Intervenors are one singlerly incarcerated and a former inamte of the Dept.
of Corrections. The Neb. DCS has final authority to deny or approve any request by
a current inmate to marry. Plaintiffs action does not address this contingency in that
should the Court grant the Plaintiffs request and injunction, it would not necessarily
effect the Intervenors in any way. No

would it address the denile of visitation by

the Intervenors even if they were allowed to marry legally.

Blntervenors previously sought representation by the ACLU of Nebraska
In 2011 the Intervenors contacted the Plaintiffs representatives in order to
enlist their assistance in getting legally married , as Intervenors were joined on
Marchll, 2011 in a Handfasting by an authorized clergy member, but were denied. The
ACLU, citing that the timing was not right for such an action, and that when the time
became right, the ACLU would contact the Intervenors to represent their interests and
right to marry. They failed to do this. The ACLU's action further degrade and
humiliate the Intervenors, treating them as Third Class citizens to every other
same sex couple in treating them as if they are not"good enough" for the ACLU to
represent them.

RECEIVED
1

JAN 5

2015

CLERK

u_s_DISTRICT COURT
"' a.1.&U.&

8:14-cv-00356-JFB-TDT Doc # 34 Filed: 01/05/15 Page 2 of 4 - Page ID # 198

C. Plaintiffs action excludes transgender citizens from obtaining the right
to marry

As

tr~nsgender

individuals are neither same sex nor opposite sex to the male

and female genders. Thus they cannot marry anyone who is opposite gender to the
gender they present themselves to be.
D. Intervenors have the right to intervene in this action

Rule 24 is to be liberally construed, however, any doubts resolved

in favor of the proposed Intervenors.
6-26 Moores Federal Practice-Civil 24.03
E. Intervention should not be dsmissed unless no relief possible.

Court accepts as true npnconclusionary allegations of motion to intervene

and motion should not be dismissed unless it appears to certianty that Intervenor
is not entitled to relief under any set of fatts that could be proved under complaint.
Reich v DBC/York Estate Corp. 68 F.3d 316, 321
F. Intervenors have a significant protectable interest in being legally
married.

These interests include visitation as spouses, property rights , tax incentives,

as well as life extending decisions to be made by one's spouse.
An Appelant has a sgfiificant protectable interest in intervention if (1) it
asserts an interest that is protected under some law and (2) there is a relationship
between its legally protected interest and the Plaintiff's claims.
Donnelly v Glickman 159 F. 3d 405, 409
G. Intervenors have a specific interest in Plaintiffs actions :i:JI

In that Mr Wilson has final stage kidney failure and diabetes which could be
fatal at anytime soon and he and Ms Sedlak have mutual property interests and
significant interests in other court actions regarding comingled f unds and Court
Judgements in their favor as Co-Plaintiffs
Du~ regard for ef ficent conduct of the litigation requires that Intervenors
should have an interest that is specific to them; is capable of definition, and
will be directly affected in a substanially concrete fashion by the relief sought.
Kle$ssler v U.S. Forest Service 57 F. 3d 954

H.Intervenors have the same protected right to marry

Intervenors allegation that they have the same right to marry as other couples

is a true alegation and Intervenors interests are not adequately protected by the
Plaintiffs actions in that if unsuccesful. Intervenors will suffer damage
monotarily due to the inabliity to file joint tax reutns and upon the death of
2

8:14-cv-00356-JFB-TDT Doc # 34 Filed: 01/05/15 Page 3 of 4 - Page ID # 199

one or the other intended spouse. Plaintiffs have not adequately protected the
interests of Ms Sedlak as a transgender female who could declare herself legally
female if she were a resident of such states as New Mexico. amd the Intervenors
could legally marry if they were able to move to Iowa or other surrounding states
were the same sex marriage ban has been ruled unconsitutioonal/ Intervenors aver
that their intervention is not Permissive, bu by right of marraige since the
Supreme Court's ruling on DOMA. We state that the Court cannot deny our motion
to Intervene as it is be our right to do so.
Court erred by not accepting as true, allegations of evidence submitted in
support of motion to intervene.
Southenn Centre for Biologicacl Diversity
v Berg 268 F.2d 810, 819-820
Intervenors here cite their previous filings both of Federal Court and in
State District Court: 8:13cv-130 and CI13-1225.
I Intervenors are entitled to injunctive relief and ask for such.

Intervenors ask to have the immediate right to marry granted and to visit as
legal spouses, persuant to Neb R.R.S 251063.

H~~~\

/137418
Box 22800
Lincoln, NE 68542-2800

Gracy
1035 Hartley
Lincoln, NE 68521

The above certify that a copy of the above document has been served upon the
Plaintiffs and Defendants via U.S. Mail, addressed to Amy Miller, ACLU
941 "O"O St. 11706, Li ncoln, NE 68508, and Dave Heineman, State Capitol,
Lincoln, Ne 68508 on the 30th Day of December, 2014

8:14-cv-00356-JFB-TDT Doc # 34 Filed: 01/05/15 Page 4 of 4 - Page ID # 200

Notice: this correspondence was mailed from an

institution operated by the Nebraska Department
of Corrections. Its ~t~ ij~ensored
Inmate Name:
~
Inmate#
P. 0 . Box 22800
Lincoln, NE 68542-2800

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