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Waters v. Ricketts

United States Court of Appeals, Eighth Circuit

August 11, 2015

Susan Waters; Sally Waters; Nickolas Kramer; Jason Cadek; Crystal Von Kampen; Carla Morris-Von Kampen; Gregory Tubach; William Roby; Jessica Kallstrom-Schreckengost; Kathleen Kallstrom-Schreckengost; Marjorie Plumb; Tracy Weitz; Randall Clark; Thomas Maddox, Plaintiffs - Appellees
v.
Pete Ricketts, in his official capacity as Governor of Nebraska; Doug Peterson, in his official capacity as Attorney General of Nebraska; Leonard J. Sloup, in his official capacity as Acting Tax Commissioner of the Nebraska Department of Revenue; Courtney Phillips, in her official capacity as CEO of the Nebraska Department of Health and Human Services, Defendants - Appellants Dan Nolte, in his official capacity as the Lancaster County Clerk, Defendant; Liberty Counsel, Amicus on Behalf of Appellant(s), President of the House of Deputies of the Episcopal Church and the Episcopal Bishops of Missouri and Nebraska; General Synod of the United Church of Christ; Reconstructionist Rabbinical Association; Reconstructionist Rabbinical College and Jewish Reconstructionist Communities; Union for Reform Judaism; Unitarian Universalist Association; Affirmation; Covenant Network of Presbyterians; Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns; Methodist Federation for Social Action; More Light Presbyterians; Muslims for Progressive Values; Parity; Reconciling Ministries Network; Reconciling Works: Lutherans for Full Participation; Religious Institute; 24 Employers; American Sociological Association; Howard University School of Law Civil Rights Clinic; Gary J. Gates; Historians of Marriage; Constitutional Law Scholars; American Psychological Association; Nebraska Psychological Association; American Psychiatric Association; American Academy of Pediatrics; American Association for Marriage and Family Therapy; Nebraska Association for Marriage and Family Therapy; American Psychoanalytic Association; National Association of Social Workers; National Association of Social Workers Nebraska Chapter; Family Equality Council; COLAGE; Historians of Antigay Discrimination; Americans United For Separation of Church and State; National Women's Law Center; Connecticut Women's Education and Legal Fund; Legal Momentum; Legal Voice; National Association of Women Lawyers; National Partnership for Women and Families; Women's Bar Association of the District of Columbia; Women's Bar Association of Illinois; Women's Law Project; Williams Institute Scholars of Sexual Orientation and Gender Law, Amici on Behalf of Appellee(s)

Page 683

Submitted: July 2, 2015.

Appeal from United States District Court for the District of Nebraska - Omaha.

For Susan Waters, Sally Waters, Nickolas Kramer, Jason Cadek, Crystal Von Kampen, Carla Morris-Von Kampen, Gregory Tubach, William Roby, Jessica Kallstrom-Schreckengost, Kathleen Kallstrom-Schreckengost, Marjorie Plumb, Tracy Weitz, Randall Clark, Thomas Maddox, Plaintiffs - Appellees: Joshua A. Block, American Civil Liberties Union Foundation, New York, NY; Leslie Cooper, American Civil Liberties Union, ACLU of New York, New York, NY; Angela Dunne, Susan Ann Koenig, Koenig & Dunne, Omaha, NE; Amy Anne Miller, American Civil Liberties Union, ACLU of Nebraska, Lincoln, NE.

For Pete Ricketts, in his official capacity as Governor of Nebraska, Doug Peterson, in his official capacity as Attorney General of Nebraska, Leonard J. Sloup, in his official capacity as Acting Tax Commissioner of the Nebraska Department of Revenue, Courtney Phillips, in her official capacity as CEO of the Nebraska Department of Health and Human Services, Defendants - Appellants: David Todd Bydalek, Deputy Assistant Attorney General, Danielle Jones, Assistant Attorney General, David A. Lopez, Assistant Attorney General, Ryan Post, Assistant Attorney General, James D. Smith, Assistant Attorney General, Attorney General's Office, Lincoln, NE.

For Liberty Counsel, Amicus on Behalf of Appellant(s): Mary Elizabeth McAlister, Liberty Counsel, Lynchburg, VA; Horatio Gabriel Mihet, Anita Staver, Mathew D. Staver, Liberty Counsel, Orlando, FL.

For President of the House of Deputies of the Episcopal Church and the Episcopal Bishops of Missouri and Nebraska, General Synod of the United Church of Christ, Reconstructionist Rabbinical Association, Reconstructionist Rabbinical College and Jewish Reconstructionist Communities, Union for Reform Judaism, Unitarian Universalist Association, Affirmation, Covenant Network of Presbyterians, Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns, Amici on Behalf of Appellee(s): Michelle Ben-David, Kurt Denk, Catherine L. Hoge, Jason Moff, Norman Simon, Jeffrey S. Trachtman, Kramer & Levin, New York, NY.

For Methodist Federation for Social Action, More Light Presbyterians, Muslims for Progressive Values, Parity, Reconciling Ministries Network, Reconciling Works: Lutherans for Full Participation, Religious Institute, Amici on Behalf of Appellee(s): Michelle Ben-David, Kurt Denk, Catherine L. Hoge, Jason Moff, Norman Simon, Jeffrey S. Trachtman, Kramer & Levin, New York, NY.

For 24 Employers, Amicus on Behalf of Appellee(s): Jacquelynne M. Hamilton, Kimberley E. Lunetta, Susan Baker Manning, Jawad Muaddi, Michael L. Whitlock, Morgan & Lewis, Washington, DC.

For American Sociological Association, Amicus on Behalf of Appellee(s): Grant A. Bermann, Carmine D. Boccuzzi Jr., Alexandra Eber, Mark A. Lightner, Cleary & Gottlieb, New York, NY.

For Howard University School of Law Civil Rights Clinic, Amicus on Behalf of Appellee(s): Aderson Francois, Howard University School of Law Civil Rights Clinic, Washington, DC; Brad Seiling, Benjamin G. Shatz, Manatt & Phelps, Los Angeles, CA.

For Gary J. Gates, Amicus on Behalf of Appellee(s): Adam P. Romero, Ucla School of Law, The Williams Institute, Los Angeles, CA; Brad Seiling, Benjamin G. Shatz, Manatt & Phelps, Los Angeles, CA.

For Historians of Marriage, Amicus on Behalf of Appellee(s): Daniel McNeel Lane Jr., Akin & Gump, San Antonio, TX; Pratik A. Shah, Akin & Gump, Washington, DC; Jessica Weisel, Akin & Gump, Los Angeles, CA.

For Constitutional Law Scholars, Amicus on Behalf of Appellee(s): Lori Alvino McGill, Quinn & Emanuel, Washington, DC; Diane M. Soubly, Stevenson & Keppelman, Ann Arbor, MI; Geoffrey Stone, University of Chicago Law School, Chicago, IL.

For American Psychological Association, Nebraska Psychological Association, American Psychiatric Association, American Academy of Pediatrics, American Association for Marriage and Family Therapy, American Psychoanalytic Association, Nebraska Association for Marriage and Family Therapy, National Association of Social Workers, National Association of Social Workers Nebraska Chapter, Amici on Behalf of Appellee(s): Nathalie F.P. Gilfoyle, American Psychological Association, ...


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