Sevcik v. Sandoval | |
---|---|
2:12-cv-578 (District) | |
Full name | Beverly Sevcik, et al. v. Brian Sandoval, et al. |
Filed | 2012-04-10 |
Plaintiffs | Beverly Sevcik and Mary Baranovich; Antioco Carrillo and Theodore Small; Karen Goody and Karen Vibe; Fletcher Whitwell and Greg Flamer; Mikyla Miller and Katrina Miller; Adele Terranova and Tara Newberry; Caren Cafferata-Jenkins and Farrell Cafferata-Jenkins; and Megan Lanz and Sara Geiger |
v. | |
Defendants | Brian Sandoval, in his official capacity as Governor of the State of Nevada; Diana Alba, in her official capacity as Clerk for Clark County; Amy Harvey, in her official capacity as Clerk for Washoe County; and Alan Glover, in his official capacity as Clerk-Recorder for Carson City |
Intervenor-Defendants | Coalition for the Protection of Marriage |
Initial court | United States District Court for the District of Nevada |
Final court | Supreme Court |
Current status | On appeal to the Ninth Circuit |
12-17668 (Ninth Circuit) | |
Plaintiffs-Appellants | Beverly Sevcik and Mary Baranovich; Antioco Carrillo and Theodore Small; Karen Goody and Karen Vibe; Fletcher Whitwell and Greg Flamer; Mikyla Miller and Katrina Miller; Adele Newberry and Tara Newberry; Caren Cafferata-Jenkins and Farrell Cafferata-Jenkins; and Megan Lanz and Sara Geiger |
Defendants-Appellees | Brian Sandoval, in his official capacity as Governor of the State of Nevada; Diana Alba, in her official capacity as Clerk for Clark County; Amy Harvey, in her official capacity as Clerk for Washoe County; and Alan Glover, in his official capacity as Clerk-Recorder for Carson City |
Intervenor-Defendant-Appellee | Coalition for the Protection of Marriage |
Appealed: | 2012-12-03 |
12-689 (Supreme Court) | |
Petitioner | Coalition for the Protection of Marriage |
Plaintiffs-Respondents | Beverly Sevcik and Mary Baranovich; Antioco Carrillo and Theodore Small; Karen Goody and Karen Vibe; Fletcher Whitwell and Greg Flamer; Mikyla Miller and Katrina Miller; Adele Newberry and Tara Newberry; Caren Cafferata-Jenkins and Farrell Cafferata-Jenkins; and Megan Lanz and Sara Geiger |
Defendants-Respondents | Brian Sandoval, in his official capacity as Governor of the State of Nevada; Diana Alba, in her official capacity as Clerk for Clark County; Amy Harvey, in her official capacity as Clerk for Washoe County; and Alan Glover, in his official capacity as Clerk-Recorder for Carson City |
Appealed: | 2012-12-07 |
Decided: | 2013-06-27 |
Sevcik v. Sandoval is a federal case seeking to overturn Nevada's same-sex marriage constitutional ban.
The case was filed on April 10, 2012, in the United States District Court for the District of Nevada. It was initially assigned to Judge Roger L. Hunt. On April 19, the case was reassigned to Chief Judge Robert C. Jones.
Background[]
District Court[]
The plaintiffs in the case are eight same-sex couples. Four of them wish to marry within Nevada, and four are already married outside Nevada and wish for the state to recognize their relationships as marriages, rather than as domestic partnerships.
The defendants are the Governor of Nevada and three officials whose duties include issuing marriage licenses, two for counties and one for a city.
On May 15, 2012, shortly after the case was filed, the Coalition for the Protection of Marriage sought to intervene to defend the ban, citing concerns that the state and clerks may not be able to mount a proper defense. The plaintiffs opposed their intervention, especially since the intervenors' proposed schedule would add at least an extra year to the timetable that the plaintiffs and defendants had agreed to. The judge granted the Coalition's request to join the case, but rejected their proposed schedule.
On August 10, 2012, the court scheduled oral arguments for November 26. On September 17, after each party (other than Clerks Alba and Harvey) filed their respective motions for summary judgment, the court cancelled oral arguments and declared that a judgment on the pleadings would be issued.
That judgment was issued on November 26, 2012. The Equal Protection claims were dismissed due to Baker v. Nelson, and summary judgment was granted to the defendants and intervenor defendants on the remaining claims.
Appeals[]
On December 3, 2012, the plaintiffs filed an appeal with the Ninth Circuit. On December 7, 2012, the Coalition filed a petition for a writ of certiorari before judgment in the U.S. Supreme Court. The Court denied the petition on June 27, 2013, the day after deciding US v. Windsor and Hollingsworth v. Perry.
In the Ninth Circuit, the plaintiffs filed a motion to have this case and Hawaii's Jackson v. Abercrombie appeal heard by the same panel of judges and follow the same schedule, including hearing the two cases on the same day. The Coalition opposed having the cases heard together, two parties in Jackson felt the motion was unnecessary because the Ninth Circuit would likely recognize the similarities in the cases and hear them together anyway, and all other parties in both cases either expressed no opinion or agreed with the motion. The Court granted the motion on January 7, 2013.
Both cases were stayed while the U.S. Supreme Court considered Windsor and Perry. After those cases were decided, the schedule was postponed further by the plaintiffs. As it currently stands, the plaintiffs' opening brief is due on October 18, the response briefs from the defendants is due on November 18, and the plaintiffs may file a reply brief within 14 days of the response brief, most likely December 2.
Timeline[]
District Court[]
- 2012-04-10: #1: Complaint by Plaintiffs
- 2012-05-03: #29: Stipulation to Extend Time to Respond by all parties
- 2012-05-18: #34: Answer by Defendant Clerk Alba
- 2012-05-18: #35: Answer by Defendant Clerk Harvey
- 2012-04-19: #27: Case reassigned to Chief Judge Robert C. Jones
- 2012-05-15: #30: Motion to Intervene by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-05-29: #37: Non-opposition by Defendant Governor Sandoval
- 2012-05-29: #38: Non-opposition by Defendant Clerk-Recorder Glover
- 2012-06-01: #40: Response by Plaintiffs
- 2012-06-08: #42: Reply to Response by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-08-02: #63: Errata by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-06-11: #45: Supplemental Reply by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-07-03: #59: Hearing scheduled for 2012-08-06 (multi-listed)
- 2012-07-26: #61: Hearing rescheduled for 2012-08-10 (multi-listed)
- 2012-08-07: #64: Supplemental authority by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-08-09: #65: Supplemental authority by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-08-10: #67: Granted (multi-listed)
- 2012-08-29: #69: Transcript of hearing [restricted through 2012-11-27]
- 2012-05-17: #32: Motion to Dismiss by Defendant Governor Sandoval
- 2012-06-01: #41: Response by Plaintiffs (multi-listed)
- 2012-06-14: #49: Motion to extend time to file reply by Defendant Governor Sandoval
- 2012-06-14: #50: Granted
- 2012-06-21: #51: Reply to Response by Defendant Governor Sandoval
- 2012-06-25: #53: Motion to File Surreply, and Proposed Surreply by Plaintiffs (multi-listed)
- 2012-07-02: #56: Non-opposition to Motion to File Surreply by Defendant Governor Sandoval
- 2012-07-02: #57: Errata to Non-opposition by Defendant Governor Sandoval
- 2012-07-03: #59: Granted (multi-listed)
- 2012-07-03: #59: Hearing scheduled for 2012-08-06 (multi-listed)
- 2012-07-26: #61: Hearing rescheduled for 2012-08-10 (multi-listed)
- 2012-08-10: #67: Oral arguments scheduled for 2012-11-26 (multi-listed)
- 2012-09-17: #89: Oral arguments cancelled (multi-listed)
- 2012-09-18: #91: Motion for Clarification (multi-listed)
- 2012-09-18: #92: Clarified order cancelling oral arguments (multi-listed)
- 2012-11-26: #102: Granted in part and denied in part (multi-listed)
- 2012-05-18: #33: Motion to Dismiss for Lack of Jurisdiction by Defendant Clerk-Recorder Glover
- 2012-06-01: #41: Response by Plaintiffs (multi-listed)
- 2012-06-11: #46: Reply to Response by Plaintiffs
- 2012-06-25: #53: Motion to File Surreply, and Proposed Surreply by Plaintiffs (multi-listed)
- 2012-06-27: #54: Non-opposition to Motion to File Surreply by Defendant Clerk-Recorder Glover
- 2012-07-03: #59: Granted (multi-listed)
- 2012-07-03: #59: Hearing scheduled for 2012-08-06 (multi-listed)
- 2012-07-26: #61: Hearing rescheduled for 2012-08-10 (multi-listed)
- 2012-08-10: #67: Oral arguments scheduled for 2012-11-26 (multi-listed)
- 2012-09-17: #89: Oral arguments cancelled (multi-listed)
- 2012-09-18: #91: {scribd|106310345|Motion for Clarification}} (multi-listed)
- 2012-09-18: #92: Clarified order cancelling oral arguments (multi-listed)
- 2012-11-26: #102: Granted in part and denied in part (multi-listed)
- 2012-06-01: #39: Proposed discovery plan/scheduling order by all parties
- 2012-06-08: #43: Objection by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-06-12: #48: Response to Objection by Plaintiffs
- 2012-08-09: #66: Hearing scheduled for 2012-08-28
- 2012-08-23: #68: Supplement to Objection by Intervenor Defendants Coalition for the Protection of Marriage
- 2012-08-28: #70: Hearing held, hearing scheduled for 2012-09-18 unless parties agree to a schedule before then
- 2012-09-14: #88: Joint Status Report by all parties
- 2012-09-17: #90: Hearing cancelled
- 2012-06-29: #55: Motion to immediately stay discovery pending resolution of Motion to Intervene (#30) by Proposed Intervenor Defendants Coalition for the Protection of Marriage
- 2012-07-02: #58: Non-opposition by Defendant Governor Sandoval
- 2012-07-03: #59: Granted (multi-listed)
- 2012-09-10: #72: Motion for Summary Judgment by Intervenor Defendants Coalition for the Protection of Marriage
- 2012-09-10: #73, 75-84: Appencides 1-7, 8-11, 12-14, 15-18, 19-23, 24-29, 30-36, 37-40, 41-45, 46-50, and 51-52
- 2012-09-27: #93: Unopposed Motion to extend page limits by Plaintiffs (multi-listed)
- 2012-10-22: #94: Motion to extend page limits granted (multi-listed)
- 2012-10-26: #98: Response by Plaintiffs (multi-listed)
- 2012-11-26: #102: Motion for Summary Judgment granted (multi-listed)
- 2012-09-10: #74: Motion for Summary Judgment by Defendant Clerk-Recorder Glover
- 2012-09-27: #93: Unopposed Motion to extend page limits by Plaintiffs (multi-listed)
- 2012-10-22: #94: Motion to extend page limits granted (multi-listed)
- 2012-10-26: #98: Response by Plaintiffs (multi-listed)
- 2012-11-26: #102: Motion for Summary Judgment granted (multi-listed)
- 2012-09-27: #93: Unopposed Motion to extend page limits by Plaintiffs (multi-listed)
- 2012-09-10: #85: Motion for Summary Judgment by Defendant Governor Sandoval
- 2012-09-27: #93: Unopposed Motion to extend page limits by Plaintiffs (multi-listed)
- 2012-10-22: #94: Motion to extend page limits granted (multi-listed)
- 2012-10-26: #98: Response by Plaintiffs (multi-listed)
- 2012-11-26: #102: Motion for Summary Judgment granted (multi-listed)
- 2012-09-27: #93: Unopposed Motion to extend page limits by Plaintiffs (multi-listed)
- 2012-09-10: #86: Motion for Summary Judgment by Plaintiffs
- 2012-09-10: #87: Request for Judicial Notice by Plaintiffs
- 2012-10-25: #95: Response by Intervenor Defendants Coalition for the Protection of Marriage
- 2012-10-31: #99: Appendix by Intervenor Defendants Coalition for the Protection of Marriage
- 2012-10-25: #96: Response by Defendant Governor Sandoval
- 2012-10-25: #97: Response by Defendant Clerk-Recorder Glover
- 2012-11-08: #100: Motion to file reply to Intervenor Defendants' Response and Appendix by Plaintiffs
- 2012-11-09: #101: Response to motion to file reply by Intervenor Defendants Coalition for the Protection of Marriage
- 2012-11-26: #102: Motion to file reply denied (multi-listed)
- 2012-11-26: #102: Motion for Summary Judgment denied (multi-listed)
- 2012-12-03: #103: Clerk's Judgment (closing the case)
- 2012-12-03: #104: Notice of Appeal to Ninth Circuit by Plaintiffs
- 2012-12-03: #106: Appeal docketing statement by Plaintiffs
- 2012-12-04: #108: Time schedule from Ninth Circuit
- 2012-12-07: #109: Notice of Appeal to Supreme Court by Supreme Court
- 2013-07-10: #110: Writ of Certiorari before Judgment Denied by Supreme Court
Ninth Circuit[]
- 2012-12-03: #1: Appeal filed by Plaintiffs-Appellants
- 2012-12-05: #3: Notice of petition for writ of certiorari before judgment, by Intervenor-Defendant-Appellee Coalition for the Protection of Marriage
- 2013-07-10: #16: Writ of Certioirari before Judgment Denied by Supreme Court
- 2012-12-11: #7: Motion to have cases heard together by Plaintiffs-Appellants
- 2012-12-12: [#21] Response in support by Jackson v. Abercrombie Defendant-Appellant Governor Abercrombie
- 2012-12-21: #9: Response in opposition by Intervenor-Defendant-Appellee Coalition for the Protection of Marriage
- 2012-12-28: #10: Reply in support by Plaintiffs-Appellants
- 2013-01-07: #11: Order granting motion to have cases heard together
- 2013-12-13: [#23] Unopposed motion to stay appellate proceedings by Jackson Appellee Hawaii Family Forum
- 2013-01-24: #13: Order granting stay
- 2013-08-22: #17: Motion to extend time to file opening briefs by Plaintiffs-Appellants
- 2013-08-23: #18: Order granting motion to extend time. New deadlines:
- 2013-10-18: Appellants' opening brief due
- 2013-11-18: Appellees' response briefs due
- 2013-12-02: Appellants' reply briefs due (or 14 days after response briefs are filed, if earlier)
- 2013-08-23: #18: Order granting motion to extend time. New deadlines:
- ...several additional items to be added soon...
- Amicus briefs filed in support of the plaintiffs
- 2013-10-23: #21: Political science professors
- 2013-10-24: #22: American Sociological Association
- 2013-10-25: #24: 14 States and the District of Columbia
- 2013-10-25: #25: Bay Area Lawyers for Individual Freedom (BALIF)
- 2013-10-25: #26: Health Professionals (GLMA)
- 2013-10-25: #27: Columbia Law School Sexuality and Gender Law Clinic
- 2013-10-25: #28: Family law professors
- 2013-10-25: #29: GLAD
- 2013-10-25: #30: NAACP Legal Defense and Educational Fund
- 2013-10-25: #31: American Psychological Association, National Association of Social Workers, et al.
- 2013-10-25: #32: National and western states women's rights organizations
- 2013-10-25: #35: ACLUs of Nevada and Hawaii
- 2013-10-25: #37: Family Equality Council, Equality Hawaii Foundation, We Are Family, and COLAGE
- 2013-10-25: #38: 13 public interest and legal service organizations
- 2013-10-25: #39: Anti-Defamation League and 29 other religious organizations
- 2013-10-25: #40: Gary J. Gates
- 2013-10-25: #41: National Women's Law Center, Williams Institute Scholars of Sexual Orientation and Gender Law, et al.
- ...several additional items to be added soon...
- Amicus briefs filed in support of Nevada:
- 2014-01-22: #114: Center for Urban Renewal and Education
- 2014-01-24: #118: Marriage Law Foundation
- 2014-01-27: #119: Robert P. George
- 2014-01-27: #120: Institute for Marriage and Public Policy
- 2014-01-27: #121: Helen M. Alvaré
- 2014-01-27: #123: Pacific Justice Institute
- 2014-01-28: #135: Concerned Women for America
- 2014-01-28: #137: ADF
- 2014-01-28: #138: 11 States
- 2014-01-28: #139: Social Science Professors
- 2014-01-28: #140: Paul McHugh
- 2014-01-28: #141: Liberty Counsel
- 2014-01-28: #143: Church Groups
- 2014-01-28: #144: Center for Constitutional Jurisprudence
- 2014-01-28: #142: Motion to Withdraw Answering Brief by Clerk Glover
- 2014-01-30: #149: Order withdrawing Clerk's Brief
Supreme Court[]
- 2012-12-05: Petition for a Writ of Certiorari Before Judgment by Petitioner Coalition for the Protection of Marriage
- 2012-12-07: Order extending time to file response to February 6, 2013
- 2013-02-06: Brief in Opposition by Respondents (Plaintiffs)
- 2013-02-13: Reply Brief by Petitioner
- 2013-03-15: Considered at conference, no action
- 2013-06-26: Considered at conference
- 2013-06-27: Petition denied