Torres, Chelsea et al v. Rhoades, Kitty

Filing 93

ORDER enjoining Defendant Linda Seemeyer and her officers, agents, employees, and attorneys, and all others who work in concert with Defendant in connection with registration of births and issuance of birth certificates from enforcing Wis. Stat§ 89 1.40(1) against members of the Plaintiff Class who completed a birth certificate worksheet prior to May 2, 2016. Signed by District Judge Barbara B. Crabb on 9/27/2016. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CHELSEA TORRES and JESSAMY
TORRES, individually and as next friends and
parents of A.T., a minor child, on behalf of
themselves and all others similarly situated,

CASE NO. 3:15-cv-00288
HON. BARBARA B. CRABB

Plaintiffs,
v.

LINDA SEEMEYER, in her official capacity
as Secretary of the State of Wisconsin
Department of Health Services,
Defendant.

ORDER
IT IS ORDERED that
1.

Defendant Linda Seemeyer and her officers, agents, employees, and attorneys,

and all others who work in concert with Defendant in connection with registration of births and
issuance of birth certificates, are hereby enjoined from enforcing Wis. Stat§ 89 1.40(1) against
members of the Plaintiff Class who completed a birth certificate worksheet prior to May 2, 20 16,
and are hereby directed to construe Wis. Stat§ 891.40(1) in gender-neutral terms. In particular,
the word "husband" in Wis. Stat§ 891.40( 1) should be construed to mean "spouse."
2.

The parties shall provide notice to members of the Plaintiff Class of the Court's

Opinion and of the steps described below for obtaining a corrected birth certificate ("Notice")
via: (1) the Department of Health Services' (DHS) website; (2) Plaintiffs' counsel Lambda
Legal's website; (3) the Wisconsin Bar's Family Law listserv; (4) the national LGBT Bar's
Family Law listserv; (5) a request to the statewide LGBT organization, Fair Wisconsin, to share
with their electronic mailing list; (6) a request to Our Lives, a magazine distributed statewide and

targeting LGBT readers, which also has a significant electronic mailing list and digital presence,
to share with its readers; and (7) a request to the ACLU of Wisconsin to share with their
electronic mailing list.
3.

The content of the Notice shall be substantially the same as Exhibit A hereto,

which is incorporated by reference as part of this Order.
4.

DHS shall prepare a birth certificate listing both parents for each marital child and

mail the corrected birth certificate to the parents no later than ten ( 10) days after receipt of a
letter from a Plaintiff Class member containing the information provided for in the Notice,
Exhibit A, hereto.

IT IS SO ORDERED.
' 20 16

United States District Court
Western District of Wisconsin

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NOTICE REGARDING TWO-PARENT BIRTH CERTIFICATES
FOR MARRIED SAME-SEX COUPLES
WHO CONCEIVED BY ARTIFICIAL INSEMINATION
If you are a member of a same-sex couple who meets the following criteria ("the class"), you and
your child are among the families entitled to a BIRTH CERTIFICATE that lists both spouses as
parents:
l.

you or your legally married spouse had a baby in Wisconsin between June 6, 2014
and May 2, 2016 and completed a birth certificate worksheet before May 2, 2016;

2.

you and your spouse were married at the time of the birth;

3.

your baby was gestationally carried by one of the spouses and was conceived
using artificial insemination; and

4.

you did not comply with the requirements of Wis. Stat.§ 891.40(1).

If you satisfy the above criteria, you are among the families comprising same-sex spouses and
their children who are entitled to a birth certificate that names both the birth mother and her
spouse as parents of your child. You can read the relevant Court Opinion, Order, and Injunction,
in Torres v. Seemeyer, W.D. Wis. Case No. 3:15-CV-288-bbc, here
http://www.lambdalegal.org/in-court/legal-docs/torres wi 20160914 opinion.
If you qualify and if the State Vital Records Office has not already provided your family with a
birth certificate listing both spouses as parents, send a letter of request to the Wisconsin
Department of Health Services at the address below, stating the following:
1.

your name, your spouse's name, and your physical mailing address;

2.

the date of your marriage;

3.

your child's (or children's) name(s) and date(s) of birth; and

4.

a statement that your child (or children) was (were) conceived using artificial
insemination or other assisted reproductive technology and that you did not
follow the requirements of Wis. Stat.§ 891.40(1).

Send this letter to the following address:
Department of Health Services
1 West Wilson Street
Madison, WI 53703
You should receive a corrected, two-parent birth certificate within ten days of the
Department's receipt of your request.

If you do not, you may contact the lawyers representing

the class, as follows:
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Kyle A. Palazzolo
Lambda Legal Defense
and Education Fund, Inc.

105 W. Adams, Ste. 2600
Chicago, Illinois 60603
kpalazzolo(ci),lambdalegal.org

Tamara Packard
Pines Bach LLP
122 W. Washington Ave
Madison, WI 53703
[e-mail]

Clearesia A. Lovell-Lepak
Lovell-Lepak Law Office
Post Office Box #44623
Madison, Wisconsin 53744
[e-mail]

or you may contact the lawyer representing the Department, as follows:
Maura FJ Whelan
Assistant Attorney General
Wisconsin Department of Justice
Post Office Box 7857
Madison, Wisconsin 53707-7857
[e-mail]

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