Obergefell et al v. Kasich et al

Filing 36

ANSWER to 33 Amended Complaint filed by Camille Jones. (Herzig, Aaron)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
James Obergefell, et al.,

Plaintiffs

Civil Action No. 1:13-cv-501
Judge Timothy S. Black

v

John Kasich, et al.,
Defendants.

DEFENDANT CITY OF
CINCINNATI VITAL STATISTICS
REGISTRAR CAMILLE JONES'
ANSWER TO PLAINTIFFS'
SECOND AMENDED
COMPLATNT (DOC. 33)
ANSWER

For her Answer to Plaintiffs' Second Amended Complaint (Doc. 33)
("Complaint"), Defendant Camille Jones, M.D. sued in her official capacity as the
City of Cincinnati's local registrar of vital statistics ("City"), states as follows

1.

Paragraph 1 of the Complaint is a preliminary statement of Plaintiffs'

case and does not contain allegations to which

a

response

is required.

allegations are specifically answered in the paragraphs below.

2.

The City admits the allegations in Paragraph 2 of the Complaint

Õ

The City admits the allegations in Paragraph 3 of the Complaint

4

The City admits the allegations in Paragraph 4 of the Complaint

5

The City admits the allegations in Paragraph 5 of the Complaint

6

The City admits the allegations in Paragraph 6 of the Complaint

7

The City admits the allegations in Paragraph 7 of the Complaint

Any

8.

With regard to Paragraph 8 of the Complaint, the City admits that Dr

Jones is the local registrar of

vital statistics for the City of Cincinnati and that

she

is sued in her official capacity only. Dr. Jones's duties and responsibilities as vital
statistics registrar are stated in Chapter 3705 of the Ohio Revised Code and the
administrative regulations promulgated by the Ohio Department of Health and the

state's vital statistics registrar. The City denies the remaining allegations of
Paragraph

9.

I of the Complaint

to the extent they are inconsistent with this response

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 9 of the Complaint

10.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 10 of the Complaint.

11.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 11 of the Complaint

72.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 12 of the Complaint.

13.

With regard to Paragraph 13 of the Complaint, the City admits that

Obergefell and Arthur were married in Maryland. The City lacks knowledge or

information sufficient to form a belief about the truth of the remaining allegations
in Paragraph 13 of the Complaint

L4.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 14 of the Complaint

15.

The City admits the aliegations in Paragraph 15 of the Complaint

2

16.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 16 of the Complaint

77.

With regard to Paragraph 17 of the Complaint, the City admits that

Ives died of natural causes at University Hospital on August 27, 20L3. The City

lacks knowledge or information sufficient to form a belief about the remaining
allegations in Paragraph 17 of the Complaint

18.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 18 of the Complaint.

19.

The City admits the allegations in Paragraph 19 of the Complaint

20.

With regard to Paragraph 20 of the Complaint, the City admits that

a

death certificate was issued consistent with the Court's order. The City lacks
knowledge or information sufficient to form a belief about the truth of whether the

remaining allegations in Paragraph 20 of the Complaint.

27.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph

22.

2l

of the Complaint.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 22 of the Complaint

23.

The City admits the allegations in Paragraph 23 of the Complaint

24.

The City admits the allegations in Paragraph24 of the Complaint.

25.

The City admits the allegations in Paragraph 25 of the Complaint

26.

The City admits the allegations in Paragrapln 26 of the Complaint.

27.

The City admits the allegations in Paragraph 27 of the Complaint.

ð

28.

The City admits the allegations in Paragraph 28 of the Complaint.

29.

The City admits the allegations in Paragraph 29 of the Complaint.

30.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 30 of the Complaint

31.

The City denies the allegations in Paragraph 31 of the Complaint only

to the extent that

it is required as a political subdivision

of the state to defend the

constitution and laws of the state of Ohio. The laws at issue are state laws. The

City of Cincinnati does not have any municipal laws treating same-sex marriages
differently from opposite-sex marriages. Rather, the City of Cincinnati has shown

its support for

same-sex couples. The City recently proclaimed

July 11, 2013 as

"John Arthur and James Obergefell Day," in recognition of the initial Plaintiffs'

marriage. The ceremonial proclamation states that "John and Jim are a shining
example of why LGB couples should be treated equally, under the law,

in

every

state." Additionally, the City last year extended health care benefits to permit
employees

in committed same-sex relationships, among others, to enjoy the

same

benefits as married couples. Eight of nine Members of Council supported the
change. See, e.g., Cincinnati City Council Motion (Apr. 30, 2012) (Cincinnati

No. 201200663). And

in

Doc.

November 2004, Cincinnati voters amended the City

Charter to repeal Article XII, which had prohibited the City from giving legal
protections based on sexual orientation. See Cincinnati Ordinance No. 277-2004

32.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 32 of the Complaint

4

33. The City lacks knowledge or information sufficient to form a belief
about the truth of the allegations in Paragraph 33 of the Complaint

34.

With regard to Paragraph 34 of the Complaint, the City admits that

the City issued a death certificate for Michener's death pursuant to a Temporary
Restraining Order entered by the Court (Doc. 23). The City lacks knowledge or
information sufficient to form a belief about the truth of the remaining allegations

in Paragraph 34 of the Complaint

35.

With regard to Paragraph 35 of the Complaint, the City admits that

Dr. Jones's duties and responsibilities as vital statistics registrar are stated in
Chapter 3705 of the Ohio Revised Code and the administrative regulations
promulgated by the Ohio Department of Health and the state's vital statistics

registrar. The City denies the remaining allegations of Paragraph 35 of

the

Complaint to the extent they are inconsistent with this response.

36.

With regard to Paragraph 36 of the Complaint, the City admits that

Dr. Wymyslo's duties and responsibilities are defined by Ohio law and denies the
allegations in Paragraph 36 to the extent they are inconsistent with this response.

37.

With regard to Paragraph 37 of the Complaint, the City admits that

Dr. Jones's duties and responsibilities as vital statistics registrar are stated in
Chapter 3705 of the Ohio Revised Code and the administrative regulations
promulgated by the Ohio Department of Health and the state's vitai statistics

registrar. The City denies the remaining allegations of Paragraph 37 of the
Complaint to the extent they are inconsistent with this response

5

38.

With regard to Paragraph 38 of the Complaint, the City admits that

Dr. Jones's duties and responsibilities as vital statistics registrar are stated in
Chapter 3705 of the Ohio Revised Code and the administrative regulations
promulgated by the Ohio Department of Health and the state's vital statistics

registrar. The City denies the remaining allegations of Paragraph 38 of the
Complaint to the extent they are inconsistent with this response.

39.

The City admits the allegations in Paragraph 39 of the Complaint.

40.

The City admits the allegations in Paragraph 40 of the Complaint to

the extent

it

is permitted to as a political subdivision of the state required to defend

the constitution and laws of the state of Ohio. The laws at issue are state laws.

47.

With regard to Paragraph 41 of the Complaint, the City admits that

Mr. Grunn is a licensed funeral director and that his duties as a licensed funeral
director are stated in Chapter 3705 of the Ohio Revised code and the administrative

regulations promulgated by the Ohio Department of Health and the state's vital
statistics registrar. The City denies the remaining allegations of Paragraph 4I of
the Complaint to the extent they are inconsistent with this response.

42.

The City admits the allegations in Paragrapln 42 of the Complaint.

43.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 43 of the Complaint.

44.

The City iacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 44 of the Complaint.

6

45.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 45 of the Complaint

46.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 46 ofthe Complaint

47.

With regard to Paragraph 47 of the Complaint, the City admits that

Mr. Grunn's duties and responsibilities as a licensed funeral director are stated in
Chapter 3705 of the Ohio Revised code and the administrative regulations
promulgated by the Ohio Department of Health and the state's vital statistics

registrar. The City denies the remaining allegations of Paragraph 47 of the
Complaint to the extent they are inconsistent with this response

48.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 48 of the Complaint

49.

The City lacks knowledge or information sufficient to form a belief

about the truth of the allegations in Paragraph 49 of the Complaint

50.

The City denies the allegations in Paragraph 50 of the Complaint

51.

With regard to the Prayer for Relief in the Complaint, the City denies

that Plaintiffs' are entitled to their reasonable costs, expenses, or attorney fees, or
any form of monetary relief from Dr. Jones or the City of Cincinnati.

AFFIRMATIVE DEFENSES

52. The City denies each and every statement, allegation, and averment
contained in the Complaint that is not specifically admitted to be true

53. Plaintiffs'failed

to state a claim upon which relief may be granted

7

54. Plaintiffs' failed to mitigate damages, if any

55.

The provisions of Chapter 2744 of the Ohio Revised Code bar some or

all of Plaintiffs' claims

56.

The City hereby gives notice that

affirmative defenses set forth

it intends to rely on and utilize

in Rules 8 &

any

12 of the Federal Rules of Civil

Procedure that may become available or apparent during the course of discovery
and hereby reserve the right to amend their answer to assert such defenses

57.

The City reserves the right to raise any other defenses as shall become

manifest during or upon completion of discovery and hereby reserves the right to
amend its answer to assert such defenses

Respectfully submitted,

JOHN P. CURP
City Solicitor

/s/ Aaron M. Herzip
Aaron M. Herzig (0079371)
Deputy City Solicitor
Terrance A. Nestor (0065840)
Assistant City Solicitor
Room 214, Cíty HaII
801 PIum Street
Cincinnati, Ohio 45202
[phone]
Ph.

Fax.

E-mail:

[phone]
aaron.herzig@cíncínnati-oh.gov

Trial Attorney for Defendant Camille
Jones, City of Cincinnati Registrar of
Vital Statistics

8

CERTIFICATE OF SERVICE

I

hereby certify that the foregoing was filed on October 11, 2013, using the
Court's CM/ECF system, which will deliver electronic notification of the filing to all
counsel of record.

/s/ Aaron M. Herzig

9