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)

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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

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