IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WHITEWOOD, et al.,

Plaintiffs,

v.

WOLF, et al.,

Defendants.




Civil Action

No. 13-1861-JEJ

PLAINTIFFS RESPONSE TO DEFENDANTS
STATEMENT OF RELEVANT UNDISPUTED FACTS

Plaintiffs hereby respond to Defendants Statement of Relevant Undisputed
Facts in Support of Motion for Summary J udgment of Defendants Secretary of
Health Michael Wolf and Secretary of Revenue Dan Meuser (Dkt. 118, Fact
Statement). Plaintiffs specifically note that although they contest the
completeness and accuracy of certain paragraphs of Defendants Facts Statement,
Plaintiffs do not believe or assert that any of these disputes create genuine issues of
material fact between the parties.
1. Admitted, but the statement is incomplete as Plaintiffs also sought in
the Complaint (Dkt. 1), and still seek in the First Amended Complaint (Dkt. 64), a
permanent injunction enjoining Defendants from enforcing the Commonwealths
Marriage Exclusion, as well as Plaintiffs costs and attorneys fees. Marriage
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Exclusion is used in this document consistent with Plaintiffs definition in
Plaintiffs Statement of Uncontested Facts (Dkt. 15, at 3 n.2) to mean not just 23
Pa. C.S. 1102, 1704, but also any and all other laws, regulations, policies, and
practices that prohibit same-sex couples from marrying in Pennsylvania or having
their out-of-state marriages recognized in Pennsylvania.
2. Admitted.
3. Admitted. By way of further response, A.W. and K.W., the teenage
daughters of Plaintiffs Deb and Susan Whitewood, also seek to have Deb and
Susans marriage recognized in Pennsylvania to demonstrate that their family is
just like any other family in the Commonwealth, deserving of the same status and
respect. (A.W. 1, 3, 5-8.)
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted in part and denied in part. Angela Gillem and Gail Lloyd
reside in Philadelphia, and, at the time of the First Amended Complaint, they
wanted to get married. It is denied that they presently are not married, as they wed
in the District of Columbia on November 18, 2013. (Gillem 5, PX-19.)
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10. Admitted in part and denied in part. Plaintiffs admit that Dara
Raspberry and Helena Miller were married in Connecticut in September 2010, but
deny that the date was September 10. The correct date of their marriage is
September 25, 2010. (Raspberry 4, PX-22.)
11. Admitted. By way of further response, Plaintiffs Ron Gebhardtsbauer
and Greg Wright seek to have their marriage recognized in Pennsylvania.
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted in part and denied in part. It is admitted that Plaintiffs are
challenging the statutes passed by the General Assembly on October 7, 1996, and
signed into law by then-governor Ridge on October 16, 1996, as Act 124, but as
discussed in Paragraph 1, supra, Plaintiffs challenge extends to all other
Commonwealth laws, regulations, policies, and practices that prohibit same-sex
couples from marrying in Pennsylvania or having their out-of-state marriages
recognized in Pennsylvania.
18. Admitted.
19. Admitted.
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20. Admitted.
21. Admitted.
22. Admitted.
23. Admitted.
24. Admitted in part and denied in part. It is admitted that Pennsylvania
applies the same income tax rate to any given income tax return whether it is filed
jointly or separately, but it is denied that the personal income tax liability is always
the same for married and unmarried couples (see, e.g., Defs. MSJ Br. 10 n.3). It
is admitted that the filing of a joint return is a convenience, but it is denied that
convenience is merely the only consequence of filing jointly as it can impact
tax liability, may reduce financial costs associated with preparing returns, and
creates a separate status for a certain class of persons to the exclusion of others.
25. It is admitted that Exhibit C lists some bills pending in the legislature
that, if passed by the General Assembly and enacted into law, would affect lesbians
and gay men. By way of clarification, Plaintiffs do not concede that there
necessarily is a likelihood that such bills will become law or that Exhibit C
identifies all of the measures that would affect lesbian and gay men--e.g., Exhibit
C does not identify those measures that would further harm lesbian and gay men.
26. Admitted.
27. Admitted.
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28. Admitted.
29. Admitted.
30. Admitted.
31. Admitted.
32. Admitted.
Respectfully submitted,



Dated: May 5, 2014
HANGLEY ARONCHICK SEGAL
PUDLIN & SCHILLER

By: /s/ Mark A. Aronchick
Mark A. Aronchick
J ohn S. Stapleton
Dylan J . Steinberg
Rebecca S. Melley
One Logan Square, 27th Floor
Philadelphia, PA 19103
(215) 568-6200

Helen E. Casale
401 DeKalb Street, 4th Floor
Norristown, PA 19401
(610) 313-1670

ACLU FOUNDATION OF
PENNSYLVANIA

By: /s/ Witold J . Walczak
Witold J . Walczak
313 Atwood Street
Pittsburgh, PA 15213
(412) 681-7736

Mary Catherine Roper
Molly Tack-Hooper
Case 1:13-cv-01861-JEJ Document 125 Filed 05/05/14 Page 5 of 7
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P.O. Box 40008
Philadelphia, PA 19106
(215) 592-1513

J ames D. Esseks
Leslie Cooper
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
125 Broad Street, 18th Floor
New York, NY 10004
(212) 549-2500

Seth F. Kreimer
3400 Chestnut St.
Philadelphia, Pa. 19104
(215) 898-7447

Counsel for Plaintiffs
Case 1:13-cv-01861-JEJ Document 125 Filed 05/05/14 Page 6 of 7
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of May, 2014, I caused the foregoing
Plaintiffs Response to Defendants Statement of Relevant Undisputed Facts to be
filed electronically using the Courts electronic filing system, and that the filing is
available to counsel for all parties for downloading and viewing from the
electronic filing system.

/s/ Mark A. Aronchick
Mark A. Aronchick

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