Obergefell et al v. Kasich et al

Filing 60

Unopposed MOTION for Leave to File Brief of Amicus Curiae by Amicus Citizens for Community Values. (La Rue, Joseph)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL, et al.,
Plaintiffs,

Case No. 1:13-CV-501

v.

District Judge Timothy S. Black

THEODORE E. WYMYSLO, M.D., et al.,
Defendants.

UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE
CITIZENS FOR COMMUNITY VALUES IN SUPPORT OF DEFENDANT’S
OPPOSITION TO PLAINTIFFS’ MOTION FOR DECLARATORY JUDGMENT AND
PERMANENT INJUNCTION
_________________________________________________________________________
Pursuant to S.D. Ohio Civ. R. 7.3, proposed Amicus Curiae, Citizens for Community
Values, by and through their attorneys, hereby moves this Court for an order granting leave to
file the concurrently submitted amicus curiae brief in support of Defendant’s Opposition to
Plaintiffs’ Motion for Declaratory Judgment and Permanent Injunction. Counsel for Amicus
Curiae has notified counsel for all parties of this motion. Counsel for all parties expressed no
objections to the filing of this motion (although counsel for Plaintiffs conditioned his consent
upon Amicus Curiae filing the motion by Monday, November 25, 2013, which is hereby
accomplished). The basis for this Motion is explained in the brief included within this document.
INTEREST OF PROPOSED AMICUS CURIAE
Proposed Amicus Curiae Citizens for Community Values (“CCV”) is an organization that
exists to strengthen Ohio families through public advocacy, education, and active community
partnership. CCV focuses its efforts on public-policy issues involving marriage, children, and
the family.

This case questions the constitutionality of Ohio’s sovereign decision to preserve
marriage as the union between one man and one woman. CCV’s interest in this case derives from
the important public-policy issues implicated by that legal question.
Strong families are founded on the ideal of a lifelong marriage of one man and one
woman. Healthy, enduring marriages enrich the lives of the couple, their children, and the
community around them. For decades, the social sciences have provided clear and convincing
evidence that not all family structures are equal. CCV discusses much of the relevant social
science pertinent to this question in its accompanying amicus brief.
ARGUMENT
CCV seeks to provide information to this Court regarding Ohio’s interest in supporting
the proven parenting structure of a biological mother and father by reserving the title and status
of marriage to unions comprised of a man and a woman. A persistent claim by supporters of
same-sex marriage is that there is “no difference” in the outcomes of children raised by a
biological mother and father and those who have been raised by two women or two men. That
claim has also been advanced by associations like the American Psychological Association
(APA). CCV’s amicus brief demonstrates that methodological limitations make the APA’s “no
difference” hypothesis suspect. The amicus brief also shows that the APA’s hypothesis is
contrary to longstanding research demonstrating that the ideal environment for raising children is
a stable marriage of a biological mother and father. CCV’s knowledge of this research, as
discussed in the accompanying amicus brief, will aid the Court in addressing the constitutional
questions raised in this case.

2

CONCLUSION
Citizens for Community Values respectfully requests that this Court issue an order
granting leave to file the accompanying brief in support of Defendants.

Respectfully submitted,

s/ Joseph E. La Rue
Joseph E. La Rue (Ohio Bar Number: 0080643)
Attorney for Proposed Amicus Curiae
Alliance Defending Freedom
15100 N 90th Street
Scottsdale, AZ 85260
Tel: [phone]
Fax: [phone]
Email: [e-mail]

3

CERTIFICATE OF SERVICE
I hereby certify that on November 25, 2013, I will electronically file the foregoing
document with the Clerk of Court using the CM/ECF system, which will then send a notification
of such filing to the following participants:

Attorneys for Plaintiffs

Attorneys for Defendants

Alphonse Adam Gerhardstein
Gerhardstein & Branch Co. LPA
432 Walnut Street, Suite 400
Cincinnati, OH 45202
513-621-9100
Fax: [phone]
Email: [e-mail]

Bridget C. Coontz
Ohio Attorney General's Office
Constitutional Offices
30 East Broad Street, 16th Floor
Columbus, OH 43215
614-466-2872
Fax: [phone]
Email: [e-mail]

Jacklyn Gonzales Martin
Gerhardstein & Branch Co. LPA
432 Walnut St., Ste. 400
Cincinnati, OH 45202
513-621-9100
Fax: [phone]
Email: [e-mail]

Zachery Paul Keller
Ohio Attorney General
Constitutional Offices
30 East Broad St., 16th Floor
Columbus, OH 43215
614-466-1853
Fax: [phone]
Email: [e-mail]

Lisa Talmadge Meeks
Newman & Meeks Co LPA
617 Vine Street
Suite 1401
Cincinnati, OH 45202
513-639-7000
Email: [e-mail]

Aaron Mark Herzig
City of Cincinnati
Law Department
801 Plum Street
Room 214
Cincinnati, OH 45202
513-352-3320
Email: [e-mail]

Jennifer Lynn Branch
Gerhardstein & Branch Co. LPA
432 Walnut Street, Suite 400
Cincinnati, OH 45202
513-621-9100 x13
Fax: [phone]
Email: [e-mail]

Terrance A Nestor
City of Cincinnati
Solicitors Office
801 Plum Street
Room 214 City Hall
Cincinnati, OH 45202
513-352-2495
Email: [e-mail]
4

s/ Joseph E. La Rue
Joseph E. La Rue (Ohio Bar Number: 0080643)
Attorney for Proposed Amicus Curiae
Alliance Defending Freedom
15100 N 90th Street
Scottsdale, AZ 85260
Tel: [phone]
Fax: [phone]
Email: [e-mail]

5