Plaintiffs filed a motion for summary judgment against the defendant and intervenor in a case challenging Missouri laws that exclude same-sex couples from marriage. The plaintiffs argue that these laws violate the Due Process and Equal Protection clauses of the 14th Amendment. They request the court enter judgment in their favor as there are no factual disputes regarding the plaintiffs' constitutional right to marriage equality under 42 U.S.C. § 1983. The plaintiffs also request oral arguments on their summary judgment motion.
Plaintiffs filed a motion for summary judgment against the defendant and intervenor in a case challenging Missouri laws that exclude same-sex couples from marriage. The plaintiffs argue that these laws violate the Due Process and Equal Protection clauses of the 14th Amendment. They request the court enter judgment in their favor as there are no factual disputes regarding the plaintiffs' constitutional right to marriage equality under 42 U.S.C. § 1983. The plaintiffs also request oral arguments on their summary judgment motion.
Plaintiffs filed a motion for summary judgment against the defendant and intervenor in a case challenging Missouri laws that exclude same-sex couples from marriage. The plaintiffs argue that these laws violate the Due Process and Equal Protection clauses of the 14th Amendment. They request the court enter judgment in their favor as there are no factual disputes regarding the plaintiffs' constitutional right to marriage equality under 42 U.S.C. § 1983. The plaintiffs also request oral arguments on their summary judgment motion.
Kyle Lawson, et al., ) ) Plaintiffs, ) ) v. ) No. 4:14-cv-00622-ODS ) Robert Kelly, ) Defendant. ) ___________________________________ ) ) State of Missouri, ) ) Intervenor. )
MOTION FOR SUMMARY JUDGMENT Come now Plaintiffs, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1, and move this Court to enter summary judgment in their favor. As described in Plaintiffs suggestions in support, there is no genuine dispute as to facts underlying Plaintiffs right to judgment, under to 42 U.S.C. 1983, that Missouris laws excluding same-sex couples from marriageMo. Rev. Stat. 451.022, Mo. Const. art. I, 33, and any other provision of Missouri statutory or common law barring same-sex couples from marryingviolate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Pursuant to Local Rule 7.0(g), Plaintiffs request oral argument on their motion for summary judgment.
Case 4:14-cv-00622-ODS Document 20 Filed 09/05/14 Page 1 of 3
Respectfully submitted,
/s/ Anthony E. Rothert Anthony E. Rothert, #44827 Grant R. Doty, #60788 ACLU of Missouri Foundation 454 Whittier Street St. Louis, Missouri 63108 trothert@aclu-mo.org gdoty@aclu-mo.org
Gillian R. Wilcox, #61278 ACLU of Missouri Foundation 3601 Main Street Kansas City, Missouri 63111 gwilcox@aclu-mo.or
ATTORNEYS FOR PLAINTIFFS
Case 4:14-cv-00622-ODS Document 20 Filed 09/05/14 Page 2 of 3
Certificate of Service
I certify that a copy of the forgoing was filed electronically on September 5, 2014, and made available to counsel of record. . /s/ Anthony E. Rothert
Case 4:14-cv-00622-ODS Document 20 Filed 09/05/14 Page 3 of 3
George W. Lewis v. George F. Kugler, JR., Individually and in His Official Capacity As Attorney General of The State of New Jersey, 446 F.2d 1343, 3rd Cir. (1971)
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.