Arroyo Gonzalez et al v. Rossello Nevares et al

Filing 40

ORDER granted 26 Motion for Summary Judgment. Court to make findings in separate Opinion and Order. Signed by Judge Carmen C. Cerezo on 3/28/2018. (mld)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
DANIELA ARROYO GONZALEZ;
VICTORIA RODRIGUEZ ROLDAN;
J.G.; PUERTO RICO PARA TOD@S
Plaintiffs
CIVIL 17-1457CCC
vs
RICARDO ROSSELLO NEVARES,
in his official capacity as Governor of
the Commonwealth of Puerto Rico;
RAFAEL RODRIGUEZ-MERCADO,
in his official capacity as Secretary of
the Department of Health of the
Commonwealth of Puerto Rico;
WANDA LLOVET DIAZ, in her
official capacity as Director of the
Division of Demographic Registry
and Vital Statistics of the
Commonwealth of Puerto Rico
Defendants

ORDER
Having considered the Motion for Summary Judgment filed by plaintiffs
Daniela Arroyo González, Victoria Rodríguez Roldán, J.G. and Puerto Rico
Para Tod@s on June 26, 2017 (d.e. 26), their declarations under penalty of
perjury in support of motion for summary judgment (d.e. 26-2, d.e. 26-3,
d.e. 26-4, d.e. 26-5, d.e. 26-6 and d.e. 28), the Opposition filed on July 25,
2017 by defendants Ricardo Rosselló Nevares, Rafael Rodríguez Mercado and
Wanda Llovet Díaz in their official capacities (d.e. 31), plaintiffs’ Reply
Memorandum tendered on August 1, 2017 (d.e. 32-1) and authorized on
March 28, 2017 (d.e. 39) and plaintiffs’ Notices of Supplemental Authorities

CIVIL 17-1457CCC

2

filed on December 5, 2017 (d.e. 37) and March 15, 2018 (d.e. 38), said Motion
for Summary Judgment is GRANTED.
The Court will make findings in a separate Opinion and Order related to
the uncontested material facts and its conclusions of law, including a
declaration that the forced disclosure of plaintiffs’ transgender status violates
their fundamental right to informational privacy. It will also state which method
or relief is required to correct the gender marker on plaintiffs’ birth certificates
to accurately reflect their gender identity, without revealing their transgender
status.
SO ORDERED.
At San Juan, Puerto Rico, on March 28, 2018.

S/CARMEN CONSUELO CEREZO
United States District Judge