Wolf, Virginia et al v. Walker, Scott et al

Filing 146

Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Order, Judgment and Docket Sheet Seventh Circuit Court of Appeals re: 143 Notice of Appeal, (Attachments: # 1 Appeal Information Sheet, # 2 Docketing Statement, # 3 Order, # 4 Judgment, # 5 Docket Sheet) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

VIRGINIA WOLF and CAROL SCHUMACHER,
KAMI YOUNG and KARINA WILLES,
ROY BADGER and GARTH WANGEMANN,
CHARVONNE KEMP and MARIE CARLSON,
JUDITH TRAMPF and KATHARINA HEYNING,
SALUD GARCIA and PAMELA KLEISS,
WILLIAM HURTUBISE and LESLIE PALMER,
JOHANNES WALLMANN and KEITH BORDEN,
Plaintiffs,

v.

JUDGMENT IN A CIVIL CASE
Case No. 14-cv-64-bbc

SCOTT WALKER, in his official capacity as
Governor of Wisconsin,
J.B. VAN HOLLEN, in his official capacity as
Attorney General of Wisconsin,
RICHARD G. CHANDLER, in his official capacity as
Secretary of Revenue of Wisconsin,
OSKAR ANDERSON, in his official capacity as
State Registrar of Wisconsin,
GARY KING, in his official capacity as
Eau Claire County District Attorney,
JOHN CHISHOLM, in his official capacity as
Milwaukee County District Attorney,
JOSEPH CZARNEZKI, in his official capacity as
Milwaukee County Clerk,
WENDY CHRISTENSEN, in her official capacity as
Racine County Clerk and
SCOTT MCDONELL, in his official capacity as
Dane County Clerk,
Defendants.

This action came for consideration before the court with District Judge Barbara B. Crabb
presiding. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the motion to dismiss filed by defendants Scott
Walker, J.B. Van Hollen, Richard G. Chandler, Oskar Anderson, Gary King and John Chisholm
is GRANTED with respect to defendants Gary King, John Chisholm and Richard G. Chandler.
The complaint is DISMISSED as to defendants King, Chisholm and Chandler.
IT IS FURTHER ORDERED AND ADJUDGED that the motion for summary judgment

Page 2

Judgment in a Civil Case

filed by plaintiffs Virginia Wolf, Carol Schumacher, Kami Young, Karina Willes, Roy Badger,
Garth Wangemann,

Charvonne Kemp, Marie Carlson, Judith Trampf, Katharina Heyning,

Salud Garcia, Pamela Kleiss, William Hurtubise, Leslie Palmer, Johannes Wallmann and Keith
Borden is GRANTED.

It is DECLARED that art. XIII, ~ 13 of the Wisconsin Constitution violates

plaintiffs' fundamental right to marry and their right to equal protection of laws under the
Fourteenth Amendment to the United States Constitution. Any Wisconsin statutory provisions,
including those in Wisconsin Statutes chapter 765, that limit marriages to a "husband" and a
"wife," are unconstitutional

as applied to same-sex couples.

IT IS FURTHER ORDERED AND ADJUDGED that:
1.

Defendants Wendy Christensen, Joseph Czarnezki and Scott McDonell, in their official
capacities, and their officers, agents, servants, employees and attorneys, and all those
acting in concert with them are permanently enjoined from denying a marriage license to
a couple because both applicants for the license are the same sex;

2.

Defendant Oskar Anderson, in his official capacity, and his officers, agents, servants,
employees and attorneys, and all those acting in concert with them, are permanently
enjoined to accept for registration, assign a date of acceptance and index and preserve
original marriage documents and original divorce reports for couples of the same sex on
the same terms as for couples of different sexes under Wis. Stat. ~ 69.03(5);

3.

Defendant Oskar Anderson, in his official capacity, and his officers, agents, servants,
employees and attorneys, and all those acting in concert with them, are permanently
enjoined to prescribe, furnish and distribute, under Wis. Stat. ~ 69.03(8), forms required
for marriages under Wis. Stat. ch. 69 and Wis. Stat. ~ 765.20 that permit couples of the
same sex to marry on the same terms as couples of different sexes; and

4.

Defendant Scott Walker, in his official capacity, is permanently enjoined to direct all
department heads, independent agency heads, or other executive officers appointed by

Judgment in a Civil Case

Page 3

the Governor under Wis. Stat. ch. 15 and their officers, agents, servants, employees
and attorneys, and all those acting in concert with them, to treat same-sex couples the
same as different sex couples in the context of processing a marriage license or
determining the rights, protections, obligations or benefits of marriage.
IT IS FURTHER ORDERED AND ADJUDGED that defendants' motion to stay all relief
in this case is GRANTED. The injunction and the declaration shall take effect after the
conclusion of any appeals or after the expiration of the deadline for filing an appeal, whichever
is later.

Approved as to form this I"OI-ft day of June, 2014.

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Barbara B. Crabb, District Judge

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eterOppeneer,

Clerk of Court

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