ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 118

DECLARATION of John Doe #15 in SUPPORT OF #110 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Bieniek, Scott)

ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Doc. 118

John Doe #15
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Declaration of in REDACTED Support of Plaintiffs' Motion for Summary Judgment

James Bopp, Jr. (Ind. State Bar No. 2838-84)* Richard E. Coleson (Ind. State Bar No. 11527-70)* Barry A. Bostrom (Ind. State Bar No.11912-84)* Sarah E. Troupis (Wis. State Bar No. 1061515)* Scott F. Bieniek (Ill. State Bar No. 6295901)* BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs Benjamin W. Bull (Ariz. State Bar No. 009940)* ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325)** ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs * Admitted Pro Hac Vice ** Designated Counsel for Service United States District Court Eastern District of California Sacramento Division

ProtectMarriage.com, et al., Plaintiffs, v. Debra Bowen, et al., Defendants.

Case No. 2:09-CV-00058-MCE-DAD DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: TBD Time: TBD. Judge England

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Dockets.Justia.com

John Doe #15
1 2 3 4 5 6 7 8 9 10 11 12 13 14 6. As a result of the above conversation, I received an ugly and inflammatory e-mail 15 from my brother's partner. A true and correct copy of this email is attached as Exhibit A. A 16 true and correct copy of the series of emails that I exchanged after this initial email with my 17 brother's partner is attached as Exhibit B. 18 7. This email was also forwarded to my sister-in-law, who supports gay marriage. 19 20 21 22 23 24 25 26 27 28
Declaration of in REDACTED Support of Plaintiffs' Motion for Summary Judgment

I,

REDACTED

, make the following declaration pursuant to 28 U.S.C. § 1746:

1. I am a resident of the state of California over 18 years of age, and my statements herein are based on personal knowledge. 2. I supported the passage of Proposition 8. 3. In support of Proposition 8, I signed up to help to circulate the petition to get Proposition 8 on the November 2008 ballot. However, I was unable to participate because the times assigned to me conflicted with my schedule. 4. I have a brother who is openly gay. 5. I never discussed the issue of Proposition 8 with my brother; however, during one of our regular phone conversations, he pressed me about how I planned to vote. I told him that I could vote "yes" or "no," just like anyone else could on Proposition 8 or any other ballot measure. He interpreted this comment as a suggestion that he should vote "yes" on Proposition 8.

8. My brother will no longer speak to me as a result of my support for Proposition 8, and I believe that our family dynamics have changed forever. 9. I am deeply saddened that merely participating in the democratic process could have such adverse consequences for my family. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

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John Doe #15
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Declaration of in REDACTED Support of Plaintiffs' Motion for Summary Judgment

Executed on:

REDACTED

REDACTED
REDACTED

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CERTIFICATE OF SERVICE
I, Scott F. Bieniek, am over the age of 18 years and not a party to the within action. My business address is 1 South Sixth Street, Terre Haute, Indiana 47807. On June 3, 2009, I electronically filed the foregoing document described as Declaration of John Doe #15 in Support of Plaintiffs' Motion for Summary Judgment, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery P. Morazzini [e-mail] Attorney for Defendants Debra Bowen and Edmund G. Brown, Jr. Judy W. Whitehurst [e-mail] Attorney for Defendant Dean C. Logan Terence J. Cassidy [e-mail] Attorney for Defendant Jan Scully Mollie M. Lee [e-mail] Attorney for Defendants Dennis J. Herrera and Department of Elections - City and Count of San Francisco Lawrence T. Woodlock [e-mail] Attorney for Defendant Members of the Fair Political Practices Commission I declare under the penalty of perjury under the laws of the State of Indiana that the above is true and correct. Executed this 3rd day of June, 2009.

/s/ Scott F. Bieniek Scott F. Bieniek (Ill. State Bar No. 6295901) Counsel for All Plaintiffs

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Declaration of John Doe #15 in Support of Plaintiffs' Motion for Summary Judgment