Case 5:13-cv-00982-OLG Document 21 Filed 11/20/13 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CIVIL ACTION NO. 5:13-CV-982-OLG RICK PERRY, in his Official Capacity as Governor of the State of Texas, GREG ABBOTT, in his Official Capacity as Texas Attorney General, GERARD RICKHOFF, in his Official Capacity as Bexar County Clerk, and DAVID LAKEY, in his Official Capacity as Commissioner of the Texas Department of State Health Services, Defendants. DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF TO THE HONORABLE ORLANDO L. GARCIA: Defendants Texas Governor Rick Perry, Texas Attorney General Greg Abbott, and Commissioner of the Department of State Health Services David Lakey in their official capacities only make this Answer to Plaintiffs Complaint for Declaratory and Injunctive Relief, and would respectfully show the Court the following: ANSWER Pursuant to Federal Rule of Civil Procedure 8(b), Defendants Perry, Abbott, and Lakey in their official capacities only deny each and every allegation contained in Plaintiffs Complaint except for those expressly admitted herein. CLEOPATRA DE LEON, NICOLE DIMETMAN, VICTOR HOLMES, and MARK PHARISS, Plaintiffs, v.

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I. INTRODUCTION 1. 2. Deny. Admit that the Texas Constitution and statutes prohibit same-sex marriage, but deny the

balance of the allegations. 3. Defendants lack sufficient knowledge of whether any of the Plaintiffs wish to be married

or any of their alleged backgrounds. 4. Deny. II. PARTIES 5. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 6. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 7. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 8. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 9. 10. 11. 12. 13. Admit. Admit. Admit. Defendants lack sufficient knowledge to admit or deny. Admit.

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III. NO JURISDICTION AND VENUE 14. 15. Deny. Defendants lack sufficient knowledge of the residence of Plaintiffs or Defendant

Rickhoff, but deny venue is proper. Defendants have filed a motion to consolidate this case with a prior pending case regarding the same issues and State Defendants, which is incorporated herein. IV. FACTUAL BACKGROUND A. De Leon and Dimetman 16. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 17. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 18. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 19. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 20. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 21. 22. 23. Admit. Admit. Deny.

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B. Holmes and Phariss 24. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 25. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 26. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 27. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 28. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 29. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds. 30. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds, but admit the Constitution and statutes prohibit same-sex marriage. 31. Defendants lack sufficient knowledge of how the federal government might interpret

Windsor. C. Texas Law Denies Same-Sex Couples the Right to Marry 32. 33. 34. Admit. Admit. Defendants lack sufficient knowledge of what other jurisdictions are referred to, but

otherwise admit the balance of the allegations.

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D. Plaintiffs Inability to Marry 35. 36. 37. 38. 39. 40. Admit. Deny. Admit. Deny. Deny. Defendants lack sufficient knowledge of how the federal government might interpret

Windsor. 41. Defendants lack sufficient knowledge of how the federal government might interpret

Windsor. 42. 43. Admit. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any

of their alleged backgrounds, but admit the Constitution and statutes prohibit same-sex marriage. 44. 45. 46. 47. 48. 49. 50. Deny. Deny. Deny. Deny. Deny. Deny. Deny. V. REQUEST FOR DECLARATORY RELIEF CLAIM ONE: NO DUE PROCESS RIGHTS 51. 52. Defendants incorporate their prior responses. Deny.
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53.

Deny. CLAIM TWO: NO EQUAL PROTECTION RIGHTS

54. 55. 56.

Defendants incorporate their prior responses. Deny. Admit the Constitution and statutes prohibit same-sex marriage, but deny the remaining

allegations. 57. Admit the Constitution and statutes prohibit same-sex marriage, but deny the remaining

allegations. 58. Admit the Constitution and statutes prohibit same-sex marriage, but deny the remaining

allegations. CLAIM THREE: NO VIOLATION OF 42 U.S.C. 1983 59. 60. Defendants incorporate their prior responses. Admit the Constitution and statutes prohibit same-sex marriage, but deny the remaining

allegations. LACK OF IRREPARABLE HARM 61. 62. 63. 64. Defendants incorporate their prior responses. Deny. Deny. Deny. DEFENDANTS AFFIRMATIVE DEFENSES Pleading further, Defendants Perry, Abbott, and Lakey in their official capacities only assert that they are entitled to the following affirmative defenses:

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A. B. C.

Defendants assert Eleventh Amendment immunity to all claims asserted herein. Plaintiffs lack standing to assert any claims against the Defendants. Defendants assert the defense of limitations for any claims outside of the applicable limitations period, if any. PRAYER Defendants Perry, Abbott and Lakey in their official capacities only pray that Plaintiffs

go hence without day. Respectfully Submitted,

GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General DAVID C. MATTAX Deputy Attorney General for Defense Litigation JAMES BEAU ECCLES Division Chief - General Litigation
/s/ William T. Deane WILLIAM T. DEANE Texas Bar No. 05692500 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 936-1534 (512) 320-0667 FAX bill.deane@texasattorneygeneral.gov ATTORNEY FOR DEFENDANTS

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CERTIFICATE OF SERVICE I hereby certify that on November 20, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to: Mr. Barry A. Chasnoff bchasnoff@akingump.com Mr. Daniel McNeel Lane, Jr. nlane@akingump.com Mr. Frank Stenger-Castro fscastro@akingump.com 300 Convent Street, Suite 1600 San Antonio, Texas 78205 Attorneys for Plaintiffs /s/ William T. Deane WILLIAM T. DEANE

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