1

Mitchell F. Thompson, Esq.

R. Todd Thompson, Esq.

Thompson Gutierrez & Alcantara, P.C.

238 Archbishop Flores Street, Suite 801

Hagatna, Guam 96910
Telephone: (671)472-2089
Facsimile: (671) 477-5206

William D. Pesch, Esq.

\i c.';..-.x: w,-ffife Est;'

DISTRICT COURT OF GUAM

APR 13 2015
JEANNE (3. QUfMATA

Guam Family Law Office

6
7

P< '

cimx. Of COURT

173 Aspinall Avenue, Suite 203

Hagatna, Guam 96910
Telephone: (671) 472-8472
Facsimile: (671)477-5873

8
9

Attorneys for Plaintiffs Kathleen M. Aguero and

Loretta M. Pangelinan

10

IN THE DISTRICT COURT OF GUAM

11

TERRITORY OF GUAM

5-00009
12

KATHLEEN M. AGUERO and LORETTA

CIVIL CASE NO.

M. PANGELINAN,
13

Plaintiffs,
14
15

EDDIE BAZA CALVO in his official capacity as

16

Governor of Guam; and CAROLYN GARRIDO

17

in her official capacity as Registrar in the Office

of Vital Statistics, Department of Public
Health and Social Services,

18

Defendants.
19

20
21
22

PLAINTIFFS' CVLR 56(g)

CONCISE STATEMENT OF
UNDISPUTED FACTS

23
24

Jjtil -ijTl

Case 1:15-cv-00009 Document 4 Filed 04/13/15 Page 1 of 4

Pursuant to CVLR 56(g), Plaintiffs submit the following Concise Statement of

Undisputed Facts material to the resolution of their SUMMARY JUDGMENT motion.

1.

3
4

committed, loving relationship for over nine years.1

2.

5
6

3.

They are hard working life-long Guam residents with deep roots in the local

community.4
4.

9
10

Kate works for a local financial institution, and Lo runs her own maintenance

and cleaning company. Both Kate and Lo were born and raised on Guam.

7
8

Loretta M. ("Lo") Pangelinan and Kathleen M. ("Kate") Aguero have been in a

Both Kate and Lo feel that it is important to give back to the community by

helping to raise and care for children in need on Guam.5

5.

11

Both Plaintiffs are registered foster parents with Department of Public Health

12

and Social Services ("DPHSS"), and together they have cared for numerous foster children

13

through the years.6 They are currently caring for three foster children.7
6.

14

15

Kate and Lo wish to marry each other because they love each other and are

committed to each other for life.8

7.

16

They want to celebrate their mutual love through marriage, and they wish to

17

marry on Guam so that all their friends and family may attend and participate in their joyous

18

occasion.9

19

1 Declaration of Kathleen M. Aguero ("Aguero Decl."), at K1 (Apr. 13, 2015); Declaration of

20
21

22

Loretta M. Pangelinan ("Pangelinan Decl."), at 11 (Apr. 13, 2015).

2
3
4
5
6

Aguero Decl. at U2; Pangelinan Decl. atH2.

Aguero Decl. at H3; Pangelinan Decl. atH3.
Aguero Decl. at U4; Pangelinan Decl. atK4.
Aguero Decl. at^| 5; Pangelinan Decl. atH5.
Aguero Decl. atf 6; Pangelinan Decl. at^6.

7 Aguero Decl. at il 6; Pangelinan Decl. at ^6.

23

8 Aguero Decl. at^17; Pangelinan Decl. at U7.

24

Case 1:15-cv-00009 Document 4 Filed 04/13/15 Page 2 of 4

8.

While Kate and Lo could travel thousands of miles to get married in another

jurisdiction where same-sex marriage is recognized, such travel would be costly and difficult to

arrange, given their busy schedules and responsibilities.10

9.

More importantly, they want to be able to invite their family and friends on

Guam to bear witness to their love and commitment for each other in the same way that

different-sex couples inGuam are able to do through marriage.''

8
9

10.

Kate and Lo believe that they should not have to leave Guam to have their love

and commitment recognized.12

11.

On April 8, 2015, Plaintiffs personally brought their application for a marriage

10

license to the Vital Statistics Office of the DPHSS, in Mangilao, the office that processes

11

marriage license applications on Guam.13 A true and correct copy of the Guam Marriage

12

License Application Materials Plaintiffs submitted to DPHSS (redacted for privacy concerns

13

pursuant to the Rules of this Court) is attached to the Aguero Decl. as "Exhibit A."

14

12.

DPHSS officials refused to accept the application and handed the women two

15

documents, one, a 2009 opinion letter from the Acting Guam Attorney General and a copy of

16

certain provisions from Tile 10 of the Guam Code Annotated, including 10 G.C.A. 3207(h),

17

with language indicating, "[mjarriage means the legal union of persons of the opposite sex."14

18

True and correct copies of these documents are attached to the Aguero Decl. as "Exhibit B" and

19

"Exhibit C."

20
21
22
23

Aguero Decl. at U8; Pangelinan Decl. at H8.

10 Aguero Decl. at ^ 9; Pangelinan Decl. at ^ 9.

1' Aguero Decl. atII10; Pangelinan Decl. atH10.
12 Aguero Decl. at%11; Pangelinan Decl. atU11.

13 Aguero Decl. at ^12; Pangelinan Decl. at 1112.

14 Aguero Decl. at ^ 13; Pangelinan Decl. at| 13.

24

Case 1:15-cv-00009 Document 4 Filed 04/13/15 Page 3 of 4

1
2
3

13.

At no time has any government official articulated any reason for failing to issue

a marriage license to Plaintiffs aside from their status as a same sex couple.

Respectfully submitted this 13th day ofApril, 2015.

THOMPSON GUTIERREZ & ALCANTARA, P.C.

Attorneys for Plaintiffs Kathleen M. Aguero and

Loretta M. Pangelinan

5
6

By.

rL=
RANDALL

8
9
P153026.RTT

10
11

12

13
14

15

16
17

18
19
20
21

22
23
24

Case 1:15-cv-00009 Document 4 Filed 04/13/15 Page 4 of 4