US.55000011.

02
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION

JANET E. JORGENSEN and
CYNTHIA A. PHILLIPS,
a married couple,
Plaintiffs,
versus

MICHAEL MONTPLAISIR, in his official
capacity as County Auditor of Cass County,
North Dakota,
WAYNE STENEHJEM, in his official capacity
as Attorney General of North Dakota,
RYAN RAUSCHENBERGER, in his official
capacity as Tax Commissioner of North
Dakota, and
JACK DALRYMPLE, in his official capacity as
Governor of North Dakota,
Defendants.




CASE NO. 3:14-cv-00058-RRE-KKK











PLAINTIFFS MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF

Pursuant to Local Civil Rule 7.1(C), Plaintiffs hereby move this Court for leave to file the
attached two-page supplemental brief addressing recent Supreme Court, 9th Circuit, and state-court
rulings pertinent to dispositive motions presently pending before the Court.
Case 3:14-cv-00058-RRE-KKK Document 44 Filed 10/08/14 Page 1 of 2
US.55000011.02
DATED: October 8, 2014 Respectfully submitted,
/s/ Michael A. Ponto___________________
John P. Borger
Michael A. Ponto*
Christopher H. Dolan*
Emily E. Chow*
FAEGRE BAKER DANIELS
2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: (612) 766-8012 | F: (612) 766-1600
john.borger@faegrebd.com
michael.ponto@faegrebd.com
chris.dolan@faegrebd.com
emily.chow@faegrebd.com
/s/ Camilla B. Taylor_______________
Camilla B. Taylor*
Kyle A. Palazzolo*
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
105 West Adams, Suite 2600
Chicago, IL 60603-6208
T: (312) 663-4413 | F: (312) 663-4307
ctaylor@lambdalegal.org
kpalazzolo@lambdalegal.org
Kenneth D. Upton, Jr.*
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
3500 Oak Lawn Avenue, Suite 500
Dallas, TX 75219-6722
T: (214) 219-8585 | F: (214) 219-4455
kupton@lambdalegal.org
Karen L. Loewy*
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
120 Wall Street, 19th Floor
New York, NY 10005-3919
T: (212) 809-8585 | F: (212) 809-0055
kloewy@lambdalegal.org
ATTORNEYS FOR PLAINTIFFS
* Admitted pro hac vice


Case 3:14-cv-00058-RRE-KKK Document 44 Filed 10/08/14 Page 2 of 2
US.54999940.04
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION

JANET E. JORGENSEN and
CYNTHIA A. PHILLIPS,
a married couple,
Plaintiffs,
versus

MICHAEL MONTPLAISIR, in his official
capacity as County Auditor of Cass County,
North Dakota,
WAYNE STENEHJEM, in his official capacity
as Attorney General of North Dakota,
RYAN RAUSCHENBERGER, in his official
capacity as Tax Commissioner of North
Dakota, and
JACK DALRYMPLE, in his official capacity as
Governor of North Dakota,
Defendants.




CASE NO. 3:14-cv-00058-RRE-KKK











PLAINTIFFS SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF
THEIR MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO
DEFENDANTS MOTION TO DISMISS

Plaintiffs Janet E. Jorgenson and Cynthia A. Phillips motion for summary judgment is
currently before the Court. In support of that motion, and in opposition to Defendants pending
motions to dismiss, Plaintiffs have cited and relied on the following decisions of the 4th, 7th, and
10th Circuit, each holding that state bans on same-sex marriage violate the federal constitutional
rights of affected same sex couples:
1. Baskin v. Bogan, Nos. 14-2386 to 14-2388, 2014 WL 4359059 (7th Cir. Sept. 4, 2014);
2. Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014);
3. Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014); and
4. Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014).
Case 3:14-cv-00058-RRE-KKK Document 44-1 Filed 10/08/14 Page 1 of 4
2
US.54999940.04
Prior to October 6, 2014, each of these decisions was the subject of a Petition for Certiorari, and
thus subject to potential Supreme Court review. On October 6, 2014, the Supreme Court denied all
such petitions, and the mandates have now issued. Accordingly, the above-cited Circuit Court
decisions are now final, and represent settled law.
Additionally, on October 7, 2014, the 9th Circuit joined these other courts in
similarly holding that
Idaho and Nevadas marriage laws, by preventing same-sex couples from marrying
and refusing to recognize same-sex marriages celebrated elsewhere, impose profound
legal, financial, social and psychic harms on numerous citizens of those states.
. . . Laws that treat people differently based on sexual orientation are unconstitutional
unless a legitimate purpose . . . overcome[s] the injury inflicted by the law on
lesbians and gays and their families. . . . Because defendants have failed to
demonstrate that these laws further any legitimate purpose, they unjustifiably
discriminate on the basis of sexual orientation, and are in violation of the Equal
Protection Clause.

Latta v. Otter, --- F.3d ----, Nos. 14-35420, 14-35421, 12-17668, 2014 WL 4977682, at *10-11 (9th
Cir. Oct. 7, 2014) (footnote and internal citations omitted).
1




1
On October 3, 2014 a Missouri state court similarly held that both the United States and Missouri
constitutions require Missouri to recognize out-of-state marriages between same-sex couples that are
legal in the jurisdiction in which they were contracted. See Barrier v. Vasterling, No. 1416-CV03892
(Mo. Cir. Ct. Oct. 3, 2014). Missouri Attorney General Chris Koster has announced that he does not
intend to appeal that ruling. See Mo. Attorney General Wont Appeal Same-Sex Marriage Ruling, CBS St.
Louis (Oct. 6, 2014, 11:55 PM), http://stlouis.cbslocal.com/2014/10/06/mo-attorney-general-
wont-appeal-same-sex-marriage-ruling/.

On September 3, 2014, the U.S. District Court for the District of Louisiana reached a contrary
conclusion, and upheld Louisianas marriage ban in an action raising constitutional claims parallel to
those decided by the 4th, 7th, 9th, and 10th Circuits, and at issue in this case. See Robicheaux v.
Caldwell, 2 F. Supp. 3d 910 (E.D. La. 2014), appeal docketed, No. 14-31037 (5th Cir. Sept. 5, 2014).
That decision remains subject to appeal and is contradicted by a more recent Louisiana state court
ruling. See In re Costanza and Brewer, No. 2103-0052 (Parish of Lafayette, Sept. 22, 2014).


Case 3:14-cv-00058-RRE-KKK Document 44-1 Filed 10/08/14 Page 2 of 4
3
US.54999940.04
CONCLUSION
For all of the reasons previously cited, as bolstered by these additional recent precedents,
Plaintiffs Janet Jorgensen and Cynthia Phillips respectfully reiterate their request that the Court grant
their motion for summary judgment and deny defendants corresponding motions to dismiss.

Case 3:14-cv-00058-RRE-KKK Document 44-1 Filed 10/08/14 Page 3 of 4
4
US.54999940.04
DATED: October 8, 2014 Respectfully submitted,
/s/ Michael A. Ponto___________________
John P. Borger
Michael A. Ponto*
Christopher H. Dolan*
Emily E. Chow*
FAEGRE BAKER DANIELS
2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: (612) 766-8012 | F: (612) 766-1600
john.borger@faegrebd.com
michael.ponto@faegrebd.com
chris.dolan@faegrebd.com
emily.chow@faegrebd.com
/s/ Camilla B. Taylor_______________
Camilla B. Taylor*
Kyle A. Palazzolo*
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
105 West Adams, Suite 2600
Chicago, IL 60603-6208
T: (312) 663-4413 | F: (312) 663-4307
ctaylor@lambdalegal.org
kpalazzolo@lambdalegal.org
Kenneth D. Upton, Jr.*
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
3500 Oak Lawn Avenue, Suite 500
Dallas, TX 75219-6722
T: (214) 219-8585 | F: (214) 219-4455
kupton@lambdalegal.org
Karen L. Loewy*
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
120 Wall Street, 19th Floor
New York, NY 10005-3919
T: (212) 809-8585 | F: (212) 809-0055
kloewy@lambdalegal.org
ATTORNEYS FOR PLAINTIFFS
* Admitted pro hac vice

Case 3:14-cv-00058-RRE-KKK Document 44-1 Filed 10/08/14 Page 4 of 4