Amicus Curiae Brief — Obergefell v. Hodges

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No. 14-556 ria e

IN THE

Supreme Court of the Gnited States

JAMES OBERGEFELL, ET AL., AND BRITTANI

HENRY, ET AL..,

Petitioners,

Ve

RICHARD HODGES, DIRECTOR, OHIO

DEPARTMENT OF

HEALTH, ET AL.,

Respondents.

On WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SIXTH CIRCUIT

BRIEF OF THE COUNTY OF CUYAHOGA, OHIO

AS AMICUS CURIAE IN SUPPORT OF

PETITIONERS

MAJEED G. MAKHLOUF — AWATEF ASSAD

DIRECTOR OF LAW RUCHI V. ASHER

Counsel of Record ASSISTANT LAW DIRECTORS

CUYAHOGA COUNTY DORON M. KALIR

DEPARTMENT OF LAW VOLUNTEER ATTORNEY

2079 East 9" St., 7 FI. CUYAHOGA COUNTY

Cleveland, OH 44115 DEPARTMENT OF LAW

mmakhlouf@cuyahogacounty.us 2079 East 9" st. 7” FI.

(216) 698-6464 Cleveland, OH 44115

TABLE OF CONTENTS

TABLE OF AUTHORITIES................ micmeaaaiaeusaads nienaebiadeetad ill

INTEREST OF THE AMICUS CURIAE...............00c0c0c0ceeeeeeeees 1

SUMMARY OF ARGUMENT..................----cececceececeecseccececeeees 5

ETE ES Se ee ee ee Ea Ee 6

I. CHILDREN RAISED BY SAME-SEX PARENTS

ARE ENTITLED TO THE SAME RIGHTS AND

PRIVILEGES AFFORDED By THE

FOURTEENTH AMENDMENT TO CHILDREN

RAISED BY OPPOSITE-SEX PARENTS ..................00000.2- 6

A. Ohio’s Same-Sex Marriage Ban

Discriminates Against Children Of

Same-Sex Parents Because It

Prevents Those Children From Having

Two Legally-Recognized Parents Like

Children Of Opposite-Sex Parents.................... 8

1. As Windsor Demonstrates, Ohio's

Same-Sex Marriage Ban

Demeans, Humiliates, and

Stigmatizes Children Raised By

Same-Sex Parents .......................cccscceceeeeeeee 10

2. Ohio’s Same-Sex Marriage And

Recognition Bans Prevents

Children from Establishing a Legal

Relationship with Their Parents,

Thereby Depriving Them of the

Emotional and Financial Benefits

Afforded to Children of Opposite-

ER 14

B. Ohio’s Same Sex Marriage And

Recognition Bans Harm Children As

They Prevent Adoption and Foster

ll

Parenting by Same-Sex Parents........................ 20

Il. SAME-SEX PARENTS WHO RAISE CHILDREN

ARE ENTITLED TO THE PROTECTIONS

AFFORDED By THE FOURTEENTH

SOO EEE EEE EEE EEE EER EEE EEE EERE EEE OHHH eee

A. Ohio’s Same-Sex Marriage Ban

Discriminates Against Same-Sex

Parents As It Denies Them The Most

Fundamental Liberates Offered By the

Fourteenth Amendment to Opposite-Sex

aaa ieee 23

1. Ohio’s Denial of Fundamental

Parental Rights from Same-Sex

Parents Amounts to “Every Parent’s

Worst Nightmare.” ................-...ccceceesseeeeeeeees 26

2. Ohio's Denial of Fundamental

Parental Rights Imposes an

Extremely Heavy Burden —

Financial and Otherwise — on Same-

EEE SER ens Nc eRe 27

3. Ohio’s Denial of Fundamental

Parental Rights Negatively Affects

Same-Sex Parents’ Employment

III, - cinicutcnieicieshiiiesbeetaninimnnminetntansinietall 30

B. Ohio’s Same-Sex Marriage Ban Turns

Same-Sex Parents into Second- Class

IIIS ccisucdeateeietnnaunidniddaeieemaniaaindmamendiiimianeieamsnan 31

SIIIIIITITTTITTIIT snsichitnidinsnincinineniatieiiaitadindiabaniilaademinienneiananainiiins 31

SIIIEITEIanstniiidiniiglinbecinendhiaieitneiinanbiiteihammimmientedaheimiens 1A

TABLE OF AUTHORITIES

CASES

Baskin v. Bogan, 766 F.3d 648 (7th Cir.

IIIT ch iasaeareiecathinsasthdthesinpeapeainsaaieiiiacapiniannigtmnaiaetiastiigiia deadbeat passim

Bostic v. Schaefer, 760 F.3d 352 (4th Cir.

ETA een. Se eee eae 15

Campaign for Southern Equal. v. Bryant, No.

3:14-CV-818-CWR-LRA, 2014 U.S. Dist.

Lexis 165913 (S.D. Miss. Nov. 25, 2014)............. 21

City of Cleburne v. Cleburne Living Ctr., Inc.,

Ee Cs le Gi CR ctcccccencccsccceseccccnctccesccocssens 8

DeBoer v. Snyder, 772 F.3d 388 (6th Cir.

ST kesieiestiicianighesepininansedeueainicinietiniaadinaidaiaamnetnaieianiambeiiniels passim

DeBoer v. Snyder, 973 F. Supp. 2d 757 (E.D.

I ai 10,18

Henry v. Himes, 14 F. Supp.3d 1036 (S.D.

| ee ee ae 25,29

In Re Adoption of Doe, 130 Ohio App. 3d 288

en passim

In re Bonfield, 97 Ohio St. 3d 387 (2002)................. 16

Kelo v. City of New London, 545 U.S. 469,

EEE een aan eee 32

Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) ............ 25

Meyer v. Neb., 262 U.S. 390 (1923)..........0000.00ce. 23

Obergefell v. Symyslo, 962 F. Supp. 2d 968

SR eee passim

Roberts v. U.S. Jaycees, 468 U.S. 609 (1984)........... 24

IV

Troxel v. Granville, 530 U.S. 57 (2000)..................... 22

U.S. v. Windsor, _U.S. _.. 133 S. Ct. 2675

ETSY ae se See ne a ae OE passim

Washington v. Glucksberg, 521 U.S. 702 (1997)....... 24

STATUTES

es Ce, IIIT, Titi eras UF Biccvcccennescescatsccscsiucntiensieennts 4

lalalaliii 6

er, CPI TIT sins cccnenernienntncsuneedindpeiiennanetnns 2

OHIO REV. CODE SIOL.OU(C) .......cccccccccccccscccccsccceces 6,16

ORIO REV. COMB SB107.0G .....cccccrccsccccccccccccccoscccccccvcsses 8

OTHER AUTHORITIES

Gary J. Gates, LGBT Parenting in the United

States (Williams Institute, UCLA School

of Law, Feb. 2013), available at

http://williamsinstitute.law.ucla.edu/wp-

content/uploads/lgbt-parenting.pdf (last

RRR TREE 7

Gary J. Gates, Same-Sex Couples in Ohio: A

Demographic Summary, April 2014, available at

http://williamsinstitute.law.ucla.edu/wp-

content/uploads/OH-same-sex-couples-demo-apr-

Internal [nitiatives, Cuyahoga County

Division of Children and Family Services,

http://cfs.cuyahogacounty.us/en-US/II-

LGBTQ.aspx (last visited Feb. 27, 2015).....passim

Jurisdictions With Marriage Equality, available

at http://www.lambdalegal.org/publications/n

Vv

ationwide-status-same-sex-relationships#2

(last visited Feb. 27, 2015)..........000000..c cece eee 26

PCSAO FActT BOOK: 11TH EDITION, 2013-

2014, Public Children Services

Association of Ohio, available online at

http://www.pcsao.org/PCSAO Factbook/1 1t

hEdition. html (last visited Feb. 27, 2015)............ 2

Susan J. Becker, Second-Parent Adoption by

Same-Sex Couples in Ohio: Unsettled and

Unsettling Law, 48 CLEVELAND STATE LAW

REVIEW 101, 125 (2000)........................200. ....passim

U.S. Census Bureau — Cuyahoga County

Quick Facts, available at

http://quickfacts.census.gov/qfd/states/39/

39035.htm! (last visited Feb. 27, 2015)................. 2

IN THE

Supreme Court of the Anited States

No. 14-556

JAMES OBERGEFELL, ET AL., AND BRITTANI HENRY, ET

AL.,

Petitioners,

Vv.

RICHARD HODGES, DIRECTOR, OHIO DEPARTMENT OF

HEALTH, ET AL.,

Respondents.

ON WRITS OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SIXTH CIRCUIT

BRIEF OF THE COUNTY OF CUYAHOGA, OHIO

AS AMICUS CURIAE IN SUPPORT OF

PETITIONERS

INTEREST OF AMICUS CURIAE

Cuyahoga County submits this Brief as amicus

curiae in support of Petitioners.! Home to the city of

Cleveland, Cuyahoga County is the most populous

county in the State of Ohio — one of the four states

' Pureuant to Supreme Court Rule 37.6, amicus curiae state

that no counsel for any party authored this Brief in whole or in

part, and that no entity or person, other than amicus, its

members, or its counsel made any monetary contribution

towards the preparation and submission of this Brief. In

keeping with Supreme Court Rule 38.4, this Brief is submitted

on behalf of the County of Cuyahoga, Ohio, by its authorized

law officer.

2

subject to the opinion of the Sixth Circuit below.

According to recent estimates, about 1.2 million

people reside in Cuyahoga County, consisting of

roughly ten percent of Ohio’s total population today.”

The Cuyahoga County Division of Children and

Family Services is one of the largest child-welfare

agencies in the State of Ohio.% The Division's

activities are regulated by both state‘4 and federal

law.5 It deals on a regular basis with adoption and

other issues related to same-sex parents.

The Division works tirelessly to ensure the health

and safety of children and their parents, regardless

of sexual orientation. In doing so, the Division

considers the emotional, psychological, and physical

well-being of children and their parents to be of

prime importance, whether the parents are of the

same or opposite sex.

The Division established the Lesbian Gay

Bisexual Transgender Questioning (LGBTQ)

2 See U.S. Census Bureau — Cuyahoga County Quick Facts,

available at http://quickfacts.census.gov /qfd/states/ 39/39035.

html. (The exact numbers are 1,263,154, and 11,572,005,

respectively, as estimated for the year 2013 (the last year for

which data is available)).

3 PCSAO FACT BOOK: 11TH EDITION, 2013-2014, Public Children

Services Association of Ohio, available’ online at

http://www.pcsao.org/PCSAOF actbook/1 IthEdition. html.

4 See Ohio Revised Code, Ch. 5153.

5 See, e.g., See Child Abuse Prevention and Treatment Act

(CAPTA), 42 U.S.C. § 5101 et seq.; Multi-Ethnic Placement Act

of 1994 (MEPA), Pub. L. No. 103-382; Adoption and Safe

Families Act of 1997 (ASFA), Pub. L. 105-89, 111 Stat. 2115;

and The Fostering Connections to Success and Increasing

Adoptions Act, Pub. L. 110-351.

3

Committee in 2012 to support the Division and

community partners in providing competent services

to youth and families who identify as LGBTQ. To

demonstrate the effects of the same sex marriage

ban, and to ameliorate the hardships suffered by

children and community members, the LGBTQ

committee has collected statements from those

affected by the ban — parents, children, and child

welfare professionals alike.®

Amicus strongly believes that the children of

same-sex parents are entitled to the same rights and

privileges afforded by the Constitution to children of

opposite-sex parents; and that, similarly, same-sex

parents are entitled to the same rights and privileges

afforded by the Constitution to opposite-sex parents.

Amicus further believes that the legal foundation to

this claim can be found in the Fourteenth

Amendment, which guarantees both the “equal

protection of the laws,” and “due process” to “any

person within its jurisdiction,”’ regardless of sexual

orientation.

But beyond the legal arguments, beyond the

constitutional theories, and beyond the learned

reasoning, Amicus believes that this Court should

hear directly from those who have been — and are

still being affected — by Ohio’s ban on same-sex

marriage. This Court should hear the voices of the

children — boys and girls — who yearn to have two

6 These statements, and more about the work of the LGBTQ

Committee, are available online at http://cfs.cuyahogacounty.us/

en-US/II-LGBTQ.aspx and are reproduced in the attached

Appendix.

7U.S. Const. Amend. XIV, § 1.

4

legal parents, just like all their friends; of the

parents, who long to protect their children through

stable, committed, and legally recognized

relationships; and of the professionals — social

workers, adoption agencies, family law attorneys,

and other child welfare professionals — who witness

the daily hardship, humiliation, and suffering that

are merely a part of what constitutes a same-sex

family unit in Cuyahoga County in 2015.

Amicus will bring forth the voices of school

children who constantly fear the bigotry and

prejudice they face at school with children taunting

them for “not having a family;” and the voices of

younger children who cannot tell the difference

between “not legally recognized” and “criminal,”

fearing their parents are the latter; and those of

parents who fear that in the event of death of one of

them the other would not be able to establish any

legal connection to their shared child; and of a

veteran attorney who reveals the anxiety and

frustration of parents when they find out that the

non-biological parent has no standing or rights

whatsoever with regard to the shared child. (See,

Declarations attached to Appendix.)®

These, and the many other examples provided in

the following pages, clearly demonstrate that

regardless of the level of scrutiny with which this

Court would find apt to review Ohio's same-sex

8 To protect the privacy and safety of the declarants, the

declarant’s identities have been redacted. The original signed

declarations are on file with the Cuyahoga County Department

of Law. These declarations are also available online at

http://cfs.cuyahogacounty .us/en-US/I]-LGBTQ.aspx.

D

marriage ban, the ban cannot survive judicial review

due to its’ horrific, tragic, and _ unjustified

implications — none of which correspond with any

state interest.

It is because of these real stories and the actual

discrimination that Cuyahoga County’s same-sex

parents and their children face each day that the

County chose to file this Brief. As the governmental

entity charged with protecting the welfare of children

in its jurisdiction, Cuyahoga County could not stand

idle in this case.

SUMMARY OF ARGUMENT

This case is about children who are discriminated

against on account of their parents. It is also about

parents who are discriminated against on account of

their sexual orientation. It is about a differentiation

between two kinds of parents — same-sex parents and

opposite-sex parents. Such differentiation cannot

survive constitutional scrutiny, as this Court has

noted: “[this] differentiation demeans the [same-sex]

couple, whose moral and sexual choices’ the

Constitution protects and whose relationship the

State has sought to dignify. And it humiliates tens of

thousands of children now being raised by same-sex

couples. The law in question makes it even more

difficult for the children to understand the integrity

and closeness of their own family and its concord

with other families in their community and in their

daily lives.” United States v. Windsor, _U.S.__, 133

S. Ct. 2675, 2694 (2013) (internal citations omitted).

Amicus agrees with the Seventh Circuit's

observation — adopted by the dissent in the cases

6

below — that while “[flormally these cases are about

discrimination against the small homosexual

minority in the United States [....] at a deeper

level... they are about the welfare of American

children.” Baskin v. Bogan, 766 F.3d 648, 654 (7th

Cir. 2014) (cited in DeBoer v. Snyder, 772 F.3d 388,

421 (6th Cir. 2014)). It is the “welfare of American

children” that is at the center of this Bref. Amicus

will demonstrate how both children of same-sex

parents and the parents themselves are deeply

affected by Ohio’s ban on same-sex marriage and its

refusal to recognize such marriages even if they took

place in a jurisdiction recognizing such marriages.

Amicus advances two primary arguments. First,

children who are raised by same-sex parents are

entitled to the same rights and privileges afforded by

the Fourteenth Amendment to children raised by

opposite-sex parents. Second, same-sex parents are

entitled to the same rights and privileges afforded by

the Fourteenth Amendment to opposite-sex parents.

ARGUMENT

I. CHILDREN RAISED BY SAME-SEX PARENTS ARE

ENTITLED TO THE SAME RIGHTS AND PRIVILEGES

AFFORDED BY THE FOURTEENTH AMENDMENT TO

CHILDREN RAISED BY OPPOSITE-SEX PARENTS.

The State of Ohio, through both its Constitution

and laws,% denies same-sex couples the right to

marry. It also refuses to recognize such marriages

should they occur in a jurisdiction recognizing same-

sex marriages. Thus, the State of Ohio shamefully

9The Ohio Const. Art. 15 § 11 and Ohio Rev. Code Ann. §

3101.01(C).

7

deprives children of same-sex couples and their

parents the equal protection of the laws and due

process guaranteed to them by the Fourteenth

Amendment.

The effects of Ohio’s discriminatory laws are far-

reaching. To fully comprehend them, however, one

has to first consider the numbers. In the United

States, an estimated 220,000 children are being

raised by approximately 125,000 same-sex couples.

See Baskin, 766 F.3d at 663.!° Approximately 20,000

of those couples — nearly one in six of the national

population — reside in Ohio. !! Of those 20,000

couples, 19 percent are raising children under age 18

in their home.!? Thus, more than 3,760 same-sex

couples in Ohio are raising nearly 6,800 children.!

Accordingly, a sizeable portion of the national

population of same-sex couples living and raising

children in Ohio are subject to the daily effects of the

10 Citing Gary J. Gates, LGBT Parenting in the United States, 3

(Williams Institute, UCLA School of Law, Feb. 2013), available

at http://williamsinstitute law.u du/wp-

content/uploads/lgbt-parenting.pdf, (“there are approximately

125,000 same-sex couples raising nearly 220,000 children’).

11 See Gary J. Gates, Same-Sex Couples in Ohio: A Demographic

Summary, April 2014, available at

http://williamsinstitute law. ucla.edu/wp-content/uploads/OH-

same-sex- - -apr- ; (“Tabulations from

Census 2010 show that there are 19,684 same-sex couples living

in Ohio.”) Overall, Ohio is home to 11.5 million people (see

supra, note 2), which consists of only 3.5% of the total 320

million poagee eanvantny aveng in rea entire } Vales ren (see

12 Gates, Same-Sex Couples in Ohio, Id.

13 Jd.

8

same-sex marriage ban. Similarly, thousands of

children, whose only “crime” was that they are raised

by same-sex parents, are punished every single day

by the State’s refusal to recognize their parents’

marriage.

A. Ohio’s Same-Sex Marriage Ban

Discriminates Against Children of Same-

Sex Parents Because It Prevents Those

Children From Having Two Legally-

Recognized Parents Like Children of

Opposite-Sex Parents.

The Equal Protection Clause mandates that “all

persons similarly situated should be treated alike.”

City of Cleburne v. Cleburne Living Ctr., Inc., 473

U.S. 432, 439 (1985). Ohio’s same-sex marriage ban

treats children of same-sex parents differently from

similarly situated children of opposite-sex couples. In

particular, Ohio allows married couples, single

persons, and step-parents to adopt. '* Conversely,

Ohio adoption laws prohibit same-sex couples from

jointly adopting their children because same-sex

couples are unable to marry. In fact, due to Ohio’s

same-sex marriage ban, step-parent adoptions are

likewise unavailable to same-sex parents in Ohio.

The case of Jn Re Adoption of Doe, 130 Ohio App.

3d 288 (1998) is instructive. There, Ohio’s Ninth

Appellate District considered a motion by a same-sex

partner of the biological parent (the second parent) to

14 Ohio Rev. Code § 3107.03, which limits the type of persons

allowed to adopt in the State of Ohio, does not include same-sex

partners who are unable to marry; as a result, they are not

allowed to jointly adopt.

9

adopt the biological minor child raised by both. Jd.,

at 289. The court found that the second parent was a

suitable person to adopt; the court also found that

the adoption was in the child’s best interest. Jd. Still,

the court denied the second parent’s motion, holding

that adoption by the same-sex partner (an unmarried

adult) would automatically trigger a termination of

the parental rights of the legal biological parent. Jd.

at 292. To reach this result, the court first asserted

that “[a]doption’ in Ohio is a creature of statute.” Jd.

at 290 (internal citations omitted.) It then held that

according to the statute, granting the same-sex

partners motion would have “the effect of

terminating all parental rights of [the] biological

parent[].” Jd. at 291.

In other words, granting the wish of one parent to

adopt would lead the other parent to lose all legal

rights they had towards the child. The court

heartlessly presented the same-sex parents with a

reverse King Solomon dilemma, requiring them to

choose who will be the one — and only one — who will

have legally-recognized ties to the child.

Such an absurd result — the termination of

parental rights of the biological parent upon a motion

to adopt by the other parent!® — would never even be

contemplated for an opposite-sex couple seeking to

jointly adopt their child. Such discrimination is

unjustifiable, and the Constitution cannot tolerate

such a distinction.

15 See also Susan J. Becker, Second-Parent Adoption by Same-

Sex Couples in Ohio: Unsettled and Unsettling Law, 48

CLEVELAND STATE LAW REVIEW 101, 125 (2000).

10

As the district court in Obergefell has noted: “[{In

Ohio], while opposite-sex married couples can invoke

step-parent adoption procedures or adopt children

together, same-sex married couples cannot. While

Ohio courts allow an individual gay or lesbian person

to adopt a child, a same-sex couple cannot.”

Obergefell v. Wymyslo, 962 F. Supp. 2d 968, 980 (S.D.

Ohio, 2013). Such practices, among others, have led

the district court to hold both Ohio Constitutional

and statutory bans on same-sex marriage

unconstitutional. This result should be affirmed

here.

1. As Windsor Demonstrates, Ohio’s

Same-Sex Marriage Ban Demeans,

Humiliates, and Stigmatizes Children

Raised by Same-Sex Parents.

Striking down as unconstitutional a key provision

of the Defense of Marriage Act (DOMA), this Court in

Windsor, _ US. _.. 133 S. Ct. 2675 (2013),

entertained the proposition that laws discriminating

against same-sex couples solely on the basis of their

sexual orientation cannot withstand constitutional

scrutiny. The Court also noted the demeaning effect

such laws have on same-sex parents, and the

humiliating effect they have on their children:

DOMA undermines both the public and

private significance of state-sanctioned same-

sex marriages; for it tells those couples, and all

the world, that their otherwise’ valid

marriages are unworthy of federal recognition.

This places same-sex couples in an unstable

position of being in a second-tier marriage.

The differentiation demeans the couple, whose

11

moral and sexual choices the Constitution

protects, [....], and it humiliates tens of

thousands of children now being raised by

same-sex couples. The law in question makes

it even more difficult for the children to

understand the integrity and closeness of their

own family and its concord with other families

in their community and in their daily lives.

Id. at 2694 (emphasis added).

But the Court did not stop there. Finding that

DOMA unreasonably denies same-sex couples federal

recognition of their marriages, this Court

emphasized that the “avowed purpose and practical

effect of the law here in question are to impose a

disadvantage, a separate status, and so a stigma

upon all who enter into same-sex marriages made

lawfully by the unquestioned authority of the

States.” Jd. at 2693 (emphasis added). Thus, this

Court has recognized the demeaning, humiliating,

and stigmatizing effects of a law that does not ban

same-sex marriages, but merely refuses to recognize

them, finding it unconstitutional. A fortiori, where

the law in question not only refuses to recognize, but

completely bans such marriages, the same logic

should follow.

The stories captured in the declarations cited in

this Brief are merely a few, representative examples

of these stinging effects of fear, humiliation, and

stigma that same-sex families face in Cuyahoga

County every day. '* Take, for example, the case of

16 To protect the privacy and safety of the declarants, the

declarant’s identities have been redacted. The original signed

——eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee...

12

Child 2, who was raised by two same-sex parents and

now has a daughter of his own. Speaking about his

experiences growing up, he notes that “[o]f course the

legal aspects were extremely detrimental to my

family [...], but the social and psychological damage

that is being perpetuated by the state was just as

difficult.” Decl. Child 2, 38. When Child 2’s mother

met her partner, “I finally received the love from a

second parent that I did not know existed. I bonded

with her as I had never done with anyone else before.

[...] [She] taught me what it was to be respectful, to

have a work ethic, and to take pride in everything I

do. All of the core values that I pride myself on today

and work to instill in my daughter were taught to me

by her.” Jd., at 75. Yet, growing up, Child 2 “spent

the majority of my teenage years afraid to tell people

about someone SO important to me.” Jd., at 47. The

same-sex marriage ban and its resulting stigma

forced him to hide his family from society so he could

“protect my family from the bigotry and prejudice

that they would be sure to face at community events

and school activities.” Jd.

Or take the example of Jane Doe 4’s children.

Despite being legally married in New York, Jane Doe

4 found out upon arriving to this great state that

“legally speaking, our family doesn’t exist in Ohio,

and countless other places, and that reality has a

direct correlation with how other people view us.”

Decl. Jane Doe 4, 94. Jane Doe 4 has two children, a

declarations are on file with the Cuyahoga County Department

of Law. All Declarations cited in this Brief are included in the

attached Appendix. They are also available online at

http://cfs.cuyahogacounty.us/en-US/II-LGBTQ.aspx.

13

son and a daughter. At age 6, her son “was worried

that we would be arrested upon re-entering Ohio. In

his mind, since same-sex marriage is not legal in

Ohio, our marriage effectively made us criminals.”

Id., at 96. As for her 1l-year old daughter, she has

been brutally taunted at school by children claiming

that she doesn’t “have a family” and constantly

asking her “how does it feel to not have a family?” Jd.

at 95. The taunts, to be sure, “don’t begin or end

there,” Jd., but are of much prolonged nature.

Similarly, Jane Doe 9’s children constantly had to

“prove they were smart, talented, and socially

skilled, in order to be as good as the students from

‘normal’ families. They succeeded;[sic] good grades,

well-liked, athletic, leaders. Even so, they were often

not welcomed into the homes of some of their

friends.” Decl. Jane Doe 9, 43.

As one of the same-sex parents has noted, a clear

ruling from this Court in favor of marriage equality

“would send a strong message that [having such a

family] is an accepted form of family,” which is

“especially important to children, and even more so

adopted children, who are trying to figure out their

place in the world.” Decl. Jane Doe 1, 48.

14

2. Ohio’s Same-Sex Marriage And

Recognition Bans Prevents Children

From Establishing A Legal

Relationship With Their Parents,

Thereby Depriving Them of the

Emotional and _ Financial Benefits

Afforded to Children of Opposite-Sex

Parents.

The refusal to allow same-sex parents to jointly

adopt their children has been described as “[t]he

most arbitrary feature” of the state’s treatment of

same-sex couples. Baskin, 766 F.3d at 671. This

refusal damages not only the parents; it also “harms

children, by telling them they don’t have two

parents, like other children, and harms the parent

who is not the adoptive parent by depriving him or

her the legal status of a parent.” Jd. Thus, although

the same-sex parent has established a long-lasting

and loving relationship with the child, he or she

“remain[s] a total stranger to the child in the eyes of

the law.” Susan J. Becker, Second-Parent Adoption,

at 107-108.

Neither those arbitrary features nor the fact that

one of the parents remains a complete legal stranger

to the child were ever discussed in the majority

opinion below. The court merely paid lip-service to

the constitutional rights implicated — and disparate

treatment caused — by the same-sex marriage bans

enforced by the States of Ohio, Michigan, Kentucky,

and Tennessee.'’ Only in the dissent did Judge

17 The dissent shares this view. See DeBoer, 772 F.3d at 421

(Daughtrey, J. dissenting) (“{[The majority] wholly fails to

grapple with the relevant constitutional question in this appeal

15

Daughtrey courageously redirect the focus to the

effect of marriage equality bans on American

children. See, DeBoer, 772 F.3d at 422.

The harmful and stigmatizing effects of the same-

sex marriage bans on children and their parents

have been well-documented.!8 For example, Professor

Susan Becker has noted that “a child’s attachment to

his or her ‘psychological parent’ is extremely well-

documented and important, and that disruption to

that relationship for any period of time can be

exceedingly detrimental to the child.” Becker at 114.

Yet, the marriage and recognition bans, like those

in Ohio, lead to absurd results following the death or

incapacitation of the legal parent. “[T]here is no legal

guarantee that the court will either award

guardianship to [the non-legal] parent or eventually

permit him or her to adopt the child.” DeBoer v.

Snyder, 973 F. Supp. 2d 757, 763, (E.D. Mich. 2014.)

While the legal parent can use a power of

attorney appointing the non-legal parent as the

child’s guardian, there is no guarantee that a probate

court would honor the appointment. Becker at 108, n.

51. Same-sex couples in Ohio can petition the court

[....] [In fact,] the majority treats both the issues and the

litigants here as mere abstractions.”)

18 See Bostic v. Schaefer, 760 F.3d 352,372, n.4 (4th Cir. 2014)

(Striking down Virginia same-sex marriage ban, which

similarly imposed a functional ban on adoption by same-sex

couples). The Fourth Circuit noted that “Virginia Marriage

Laws actually harm the children of same-sex couples by

stigmatizing their families and robbing them of the stability,

economic security, and togetherness that marriage fosters.” Jd.

at 383.

16

for shared custody. Jn re Bonfield, 97 Ohio St. 3d 387

(2002). This, however, is an inadequate substitute to

full parental rights accorded through an adoption.

Ohio's adoption law, as_ restricted by the

unconstitutional same-sex marriage and recognition

bans, shamefully allows any individual possessing an

interest in the child’s welfare — “a distant relative of

the child, a neighbor, teacher, or ‘anyone who claims

to have an interest in the child” — to sever the child’s

relationship with his or her psychological and real

parent. DeBoer, 772 F.3d at 763 (Daughtrey, J..,

dissenting) (internal citations omitted.)

The DeBoer district court in Michigan also noted

that these children are placed in a state of “legal

limbo’ if that parent dies or is incapacitated.” Id. at

764. Indeed, the very idea of removing a child from

the custody and care of a loving and devoted parent,

for no reason other than that parent’s sexual

orientation, simply cannot stand to reason. The

effects of such removal are devastating, both to the

child and to the surviving parent. It is undisputed

that children raised by opposite-sex couples never

need to endure such horror. This, again, is yet

another example of the discrimination that cannot —

and should not — survive constitutional scrutiny.

In addition to its same-sex marriage ban, Ohio

applies a same-sex marriage recognition ban —

effectively terminating same-sex marriages

conducted elsewhere. See, Ohio Rev. Code §

3101.01(C)(3). That ban, much like the marriage ban,

has “a destabilizing and stigmatizing impact,” on the

people it targets — an impact no opposite-sex couple

must endure. Obergefell v. Wymyslo, 962 F. Supp. 2d

17

968, 979 (2013). And the children, again, are harmed:

“[t]he only effect the bans have on children’s well-

being is harming children of same-sex couples who

are denied the protection and stability of having

parents who are legally married.” Id., at 994-995.

Here too, to state the obvious, no children of

opposite-sex parents will ever have to endure the

consequences of the parents’ nuptials taking place in

another American jurisdiction.

These court findings are supported. by

testimonials of same-sex children in Cuyahoga

County. Thus, for example, John Doe 1’s children do

not fully comprehend their precarious legal position,

and the hkelihood of facing separation from one of

their parents should disaster strike with the other

parent. Instead, this year, John Doe 1’s eight-year-

old daughter told him that “her birthday wish was

that her Daddy and Papa could get married.” Decl.

John Doe 1, 48.

Or take the case of Jane Doe 9, whose former

husband — and the father of her children — died

within a week of her own father’s passing. Her same-

sex partner became a parent to her devastated

children. The partner bonded with the children in a

way their biological father never could, but the

uncertainty of her legal relationship to her children

took a visible toll. For example, the youngest son

“alternated between acting out and clinging to both

of us but particularly my partner, his ‘other mom

[....! She never missed a basketball, baseball, or

football game. She was there when he was angry or

sad or both. He took comfort in her for many

reasons.” Decl. Jane Doe 9, 46.

18

Despite the real relationship that developed

between Jane Doe 9’s partner and her son, the son

continued to experience “persistent worry about the

loss of another parent.” Jd. at 98. He turned down a

college scholarship because “he was afraid to leave us

because he worried that something would happen to

one of us.” Jd. Thus, Ohio's ban on same-sex

marriage deprived this young man of academic and

professional opportunities.

Or take the case of Child 1. She was happy to

receive her mother’s partner as her own new parent:

“She cared for us when we were sick, helped us with

bills, attended our sporting events, and offered us

unconditional love. She walked us down the aisle and

has been present for the birth of five grandchildren.”

Decl. Child 1, {4. Her new mother thus successfully

filled the void left by her former, absentee, alcoholic,

but biological father.

In spite of this, and because of Ohio’s same-sex

marriage and recognition bans, Child 1 grew up with

the fear that, should something bad happen to their

biological mother, she and her siblings would be

required to separate from their new mother and

“would [be] forced to live with a relative that was

merely an acquaintance to us instead of the only

other parent we had known.” Decl. Child 1, 45.

Another exaniple is that of Jane Doe 4. This

same-sex mother has witnessed first-hand the

hardship and suffering her kids had to endure due to

the extra daily scrutiny by their peers. Now, when

asked about having more children, she admits that

she does not know if she could, in good conscience,

“ever expand her family and do that to more

19

children.” Decl. Jane Doe 4, 413. As Jane Doe 1 has

noted with regards to her children:

[T]o have their family recognized as legitimate

and real in the eyes of the government can give a

sense of security and legitimacy to [our children’s]

lives. They are not able to fully understand the

legal ramifications, but they are able to hear the

fear in our voices when they ask what would

happen to them if one of us were to die and we

cannot promise that the plans we have set up

would be honored.

Decl. Jane Doe 1, 48.

Ultimately, same-sex parents “accept all the

responsibilities of marriage — to love, honor, and care

for one another and our children —without any of the

rights or protections.” Decl. John Doe 1, 49. As

another pair of mothers summed it well, “to not be

recognized as a full parent is an indignity. And Ohio

is doing this daily.” Decl. Jane Doe 7&8, 47.

There is no legitimate reason to justify the

difference in legal treatment between children raised

by same-sex parents and similarly-situated children

raised by opposite-sex couples. “The overwhelming

scientific consensus, based on decades of peer-

reviewed scientific research, shows unequivocally

that children raised by same-sex couples are just as

well adjusted as those raised by heterosexual

couples.” Obergefell, 962 F. Supp. 2d at 994, n.20

(emphasis omitted). The expert in the DeBoer case

similarly “found no _ statistically significant

differences in general characteristics or in

development between children raised in same-sex

20

households and children raised in opposite-sex

households, and that the psychological well-being,

educational development, and peer relationships

were the same in children raised in gay, lesbian, or

heterosexual homes.” DeBoer, 772 F. 3d at 425

(Daughtrey, J., dissenting).!9

Without the possibility of creating a meaningful,

legally recognized tie to their second parents, the

children of same-sex parents live in fear and

uncertainty that — in the event something bad

happens to one parent — they would be forced to lose

both. This result is unjust, unfair, and unequal. It

should cease.

B. Ohio’s Same-Sex Marriage And

Recognition Bans Harm Children As

They Prevent Adoption and _ Foster

Parenting by Same-Sex Parents.

Experts have found that the same-sex marriage

and recognition bans increase the potential risks to

children awaiting adoptions and placement in

permanent homes. DeBoer, 722 F.3rd at 424-25

(Daughtrey, J., dissenting). See also Becker, at 115.

There are many children in foster homes waiting to

‘9 See also Deboer v. Snyder, 973 F. Supp. 2d at 763, (E.D. Mich.

2014) (expert noted several reputable organizations “expressing

support for parenting, adoption, and/or fostering by lesbian and

gay couples include (but are not limited to): American Medical

Association, American Academy of Pediatrics, American

Psychiatric Association, American Academy of Child and

Adolescent Psychiatry, American Psychoanalytic Association,

American Psychological Association, Child Welfare League of

America, National Association of Social Workers, and the

Donaldson Adoption Institute”).

21

be adopted. In 2011, there were approximately

400,000 children in foster care. 22 In 2013 in

Cuyahoga County, there were on average 1,800

children per month in state custody, and 375

children per month awaiting adoption.

By prohibiting same-sex couples from adopting

these children as a couple, marriage bans have a

chilling effect on adoptions and foster care

placements. “[S]ame sex marriage improves the

prospects of unintended children by increasing the

number and resources of prospective adopters.”

DeBoer, 722 F.3d at 423 (Daughtrey, J, dissenting).

In Campaign for Southern Equal. v. Bryant, No.

3:14-CV-818-CWR-LRA, 2014 U.S. Dist. Lexis

165913, at*85 (S.D. Miss. Nov. 25, 2014), the court

noted that “given the number of children in [...] any

state—awaiting placement in a_ stable family

environment, it is irresponsible to deny those

children the shelter and enrichment that same-sex

families can provide.” Id.

Ohio’s marriage ban discourages the adoption of

children and _ (foster parenting. Such laws

disincentivize same-sex couples from adopting

children:

Even though one person can legally adopt a

child, should anything happen to the adoptive

parent, there is no [....] legal framework that

20 Baskin v. Bogan, 766 F.3d at 663, citing to the U.S. Dept. of

Health & Human Services, Children's Bureau, "How Many

Children Are in Foster Care in the U.S.? In My State?"

www.acf.hhs.gov/programs/cb/faq/foster-care4.

22

would ‘ensure that the children would

necessarily remain with the surviving non-

legal parent,’ even if that parent went through

the arduous, time-consuming, expensive

adoption-approval process [....] [States] would

save money by moving children from foster

care or state care into adoptive families, and

although same-sex couples [...] are almost

three times more likely than opposite sex

couples to be raising an adopted child and

twice as likely to be fostering children, there

remains a legal disincentive for same-sex

couples to adopt children [....]

DeBoer, 772 F.3d at 424-425 (Daughtrey, J.,

dissenting).

Finding a home for a lost child is one of

Cuyahoga County’s primary responsibilities

through its child welfare agency. States,

legislators, and courts have always lauded that

goal. No child — definitely no court — can accept a

diversion from this objective solely based on

sexual orientation.

Il. SAME-SEX PARENTS WHO RAISE CHILDREN ARE

ENTITLED TO THE PROTECTIONS AFFORDED BY

THE FOURTEENTH AMENDMENT.

The Fourteenth Amendment guarantees all

parents — regardless of gender, race, or sexual

orientation — a fundamental liberty interest in the

“care, custody, and control of their children.” Troxel

v. Granville, 530 U.S. 57, 65 (2000). In fact, as this

Court has noted, this liberty interest “is perhaps the

oldest of the fundamental liberty interests recognized

23

by this Court.” Jd. Such fundamental interest, the

Court emphasized, “includes the right of parents to

establish a home and bring up children.” Id.

(internal citations omitted).

The “right of parents,” in turn, means thet the

State has limited powers when it comes to

intervening in the relationship between a parent and

his or her child: “the child is not the mere creature of

the State; those who nurture him and direct his

destiny have the right, coupled with the high duty, to

recognize and prepare him i (*({for additional

obligations.” Id. See also, Meyer v. Neb., 262 U.S.

390, 399 (1923) (interest protects parents’ rights “to

control the upbringing and education of children,”

which is “as essential to the orderly pursuit of

happiness by free men.”)

A. Ohio’s Same-Sex Marriage Ban

Discriminates Against Same-Sex Parents

AS It Denies Them The Most

Fundamental Liberties Offered By The

Fourteenth Amendment to Opposite-Sex

Parents.

The rights of “those who nurture [the child] and

direct his destiny” are of the highest stakes in this

case. If this Court let the Sixth Circuit decision

stand, the very liberty interests enjoyed by all — the

fundamental liberty interests that are the oldest to

be recognized by this Court — would not apply only to

a certain group of parents who are of the same sex.

In the eyes of the law, these parents will not be

able to care for, take custody of, or control their

children. In the eyes of the law, these parents will

24

not be able to establish a home and bring up

children. In the eyes of the law, these parents will

not be able to nurture and direct their children’s

destiny, due to no crime, no harm to the children,

and no fault of their own.

It is solely due to discrimination, animosity, and

bigotry towards the parents’ sexual orientation. The

Fourteenth Amendment must not, indeed cannot,

tolerate such treatment of one particular group of

parents. This Court should make this clear.

This Court has long emphasized its “tradition of

interpreting the Due Process Clause to protect

certain fundamental rights and ‘personal decisions

relating to marriage, procreation, contraception,

family relationships, child rearing, and education,’

and noted that many of those rights and liberties

‘involve the most intimate and personal choices a

person may make in a lifetime.” Washington uv.

Glucksberg, 521 U.S. 702, 726 (1997) (nternal

citations omitted). Such “fundamental rights and

personal decisions” are precisely at stake here.

This Court has also observed that “[flamily

relationships, by their nature, involve deep

attachments and commitments to the necessarily few

other individuals with whom one shares not only a

special community of thoughts, experiences, and

beliefs but also distinctively personal aspects of one's

life.” Roberts v. U.S. Jaycees, 468 U.S. 609, 619-20

(1984). Such “deep attachments” and “special

community of thoughts” should be enjoyed by all

parents, not only those of opposite sex. Neither the

Constitution nor this Court have ever recognized a

reason to distinguish between groups of parents

25

based on their sexual orientation. Ohio should not do

so now.

Unfortunately, the existing same-sex marriage

and recognition bans — such as Ohio's — intentionally

create such unconstitutional discrimination. The

bans patently infringe upon the rights of parents to

care for their children. They “burden[] the ability of

the child’s parents to exercise their parental rights

and responsibilities.” Henry v. Himes, 14 F. Supp.3d

1036, 1050 (S.D. Ohio, 2014) (emphasis omitted.)

They irreparably harm the parent-child relations. As

the Ninth Circuit has observed:

[I]n extending the benefits of marriage only to

people who have capacity to procreate, while

denying those same benefits to people who

already have children [the States] materially

harm and demean same-sex couples and their

children. Denying children resources § and

stigmatizing their families on this basis is

illogical and unjust. It is counterproductive, and it

is unconstitutional.

Latta v. Otter, 771 F.3d 456, 472-73 (9th Cir. 2014)

(internal citation omitted.)

The sacred bond between a parent — any parent —

and their child cannot be interrupted by a line in

Ohio’s Revised Code or its State Constitution.

26

1. Ohio’s Denial of Fundamental

Parental Rights from Same-Sex

Parents Amounts to “Every Parent’s

Worst Nightmare.”

While this Court has been a staunch defender of

parental rights for close to a century, one group of

parents — one distinct, well-identified, and well-

established group — has been left out. The group of

same-sex parents, who raise their children with the

same amount of love, affection, and care as many of

their opposite-sex counterparts, received no rights

from this Court. They received no protection, and,

until the Court’s recent decision in Windsor, received

no recognition either. This situation should end

today. Indeed, many states have already recognized

the unconstitutional — not to mention demeaning and

degrading — nature of such a targeted discrimination

against one group of parents.?! Shamefully, however,

several other states still allow this sad state of affair

to continue. And Ohio is one of these states. Such

deprivation of fundamental rights harms those

parents. It stings them every day, as they are

reminded, constantly, that they are not entitled to

the most basic rights and privileges that all other

parents — but them — take for granted.

As noted by one pair of same-sex parents in

Cuyahoga County, “imagine raising your own child

and not having these fundamental rights like being

able to make a medica/ decision at a life threatening

21 Currently, 36 states allow same-sex marriages and therefore

full parental rights. See, Jurisdictions With Marriage Equality,

available at http://www .jlambdalegal.org/publications/

nationwide-status-same-sex-relationships#2.

27

moment. This would be every parent’s worst

nightmare and it is a true picture for same-sex

parents in Ohio.” Decl. Jane Doe 7 & 8, 49/4.

Same sex parents are forced to choose “who would

become the legal adoptive parent” — a choice no

opposite-sex couple is forced to make. Decl. John Doe

1, 45. Thus, wanting both of his children to be legally

related, John Doe 1 was forced to tell the other

parent that he had no legal rights towards the

children they both raised, and he was not permitted

to be present when the adoption of both was

finalized. An opposite-sex parent cannot even

imagine such a plight.

2. Ohio’s Denial of Fundamental

Parental Rights Imposes an Extremely

Heavy Burden - Financial and

Otherwise — on Same-Sex Parents.

Deprived of the rights afforded as a matter of

course to their opposite-sex counterparts, same-sex

parents in Ohio are forced to expend “thousands of

dollars in legal fees” in their attempt to create

tenuous legal substitutions to the legally-recognized

status of marriage. Decl. Jane Doe 4, 49. See also,

Decl. Jane Doe 1, 47; Decl. Child Welfare

Professional 2, 95. They do so in myriad ways —

through wills, shared parenting agreements, powers

of attorney, and more. Decl. John Doe 1, 4/7.

Thus, same-sex parents are burdened in ways

that an opposite-sex parent could never imagine: “We

keep documents at home and have provided them to

the schools and pediatrician. We have also carefully

written our Wills so that in the event that something

28

were to happen to me, our children should remain

with [the non-married other parent]las the legal

guardian.” Decl. Jane Doe 1, 47. One couple even

resorted to “filing a petition to adopt in an out-of-

state probate court using [an] Ohio home study,” but

“Ohio would not issue new birth certificates for the

children documenting the court's decision.” Decl.

Child Welfare Professional 1, 45.

Another example well demonstrates’ the

complexity of inter-state same-sex parenting.

Despite being legally married in Pennsylvania, and

after “applying for legal guardianship and filing a

shared parenting plan” in Ohio, Jane Doe 5 will have

to raise her daughter knowing that her wife's

parents, “who have struggled to accept their

daughter's sexuality and her decision to move to

Cleveland, would be given preference.” The daughter

that she prepared so long for could be ripped away.

Decl. Jane Doe 5&6, 47. Jane Doe 5’s parents, the

child’s non-biological grandparents, “would not lkely

receive visitation or continuation of their

relationship with our child.” Jd.

Finally, in the event of the non-biological mother’s

death, the child could not legally inherit from her

estate and could not receive social security benefits

or other death benefits. Jd. See also, Decl. Jane Doe

4, 412 (“[T]he reality is that my parents (who are

only mildly tolerant of our life) could fight in court to

obtain custody and possibly win, even though [the

other parent] has been their parent their entire

lives.” Decl. Jane Doe 1, 47.

Same-sex parents are deprived of the benefits of

healthcare, visitation, and decision-making;

29

adoption, custody, and other parental rights; tax,

wills and estates and probate benefits. At times,

Jane Doe 1’s wife “would have to call me at work and

pull me out of meetings to give permission for her to

talk to a teacher about an issue at school, or give

permission for the doctor to treat our child because

she was the one at the appointment.” Id., 46.

Same-sex parents are limited in their ability “to

make legal, academic, and health decisions for [the

legal child].” Decl. Jane Doe 4, 910. Carving out

exceptions “to allow the other, non-legal parents, to

make decisions on a daily basis would have to be

made, on a case-by-case basis, if the non-legal parent

brought the proper legal paperwork, and the person

receiving the paperwork was amenable to it.” Id.

Same-sex parents cannot even put both parents’

names on their children’s birth certificates — “the

basic currency by which parents can freely exercise

these protected parental rights and responsibilities.”

Henry v. Himes, 14 F. Supp.3d at 1050 (emphasis

omitted). This inability “saddles the child with the

life-long disability of a government identity

document that does not reflect the child’s parentage

and burdens the ability of the child’s parents to

exercise their parental rights and responsibilities.”

Id. (citations omitted) (emphasis omitted.)

30

3. Ohio’s Denial of Fundamental

Parental Rights Negatively Affects

Same-Sex Parents’ Employment

Opportunities.

Finally, same-sex parents are limited in their

career opportunities. They are forced to find jobs

that voluntarily offer benefits to same-sex domestic

partners. See, Decl. Jane Doe 5 and 6.

Even where employers provide health coverage

for same-sex partners, Jane Doe 4 found that when

her wife lost her job, Jane Doe 4 was unable to add

her wife onto her insurance until the next open

enrollment period — purely because Ohio did not

recognize their marriage. The financial burden was

significant, and had the roles been reversed, Jane

Doe 4’s children would have been without insurance.

For Jane Doe 7 and Jane Doe 8, building a future

together “entailed immigrating to the UK, which

although financially pricey, was a relatively simple

and straight forward process.” Decl. Jane Doe 7 & 8,

93. Like Jane Doe 7 and Jane Doe 9, many same-sex

parents find parenting in Ohio to be so oppressive

that these talented individuals, and dedicated

parents, leave the state entirely. Decl. Attorney 1,

13.

Ohio’s marriage and recognition bans render the

most basic right of parents “incredibly daunting and

would be crushingly expensive.” Decl. Jane Doe 4,

410. And ultimately, “there is no amount of money or

paperwork that will ever give [the child] the same

security as her peers.” Decl. Jane Doe 5 & 6, 48; see

also, Decl. John Doe 1, 47. It is heartbreaking to see

31

“the anxiety and frustration in many parents’ faces

when I tell them that the non-biological parent (or

non-adoptive parent) has no legal standing or rights

with regard to their children.”

B. Ohio’s Same-Sex Marriage Ban Turns

Same-Sex Parents into Second-Class

Citizens.

Same-sex parents are similarly situated to

opposite-sex parents regarding their children, yet

they are treated differently by the laws and

Constitution of Ohio. They are precluded from

enjoying the Constitutional and statutory benefits

afforded to opposite-sex couples. This Court found

that such discrimination leads to a_ second-class

status. Same-sex parents deserve protection from

such discriminatory laws.

The list of benefits extended to opposite-sex

couples and their children — and excluded to all

same-sex parents — is long. Those benefits are

scattered throughout federal and state law. See

Windsor, 133, S. Ct. 2695 (2013) (describing a litany

of financial benefits afforded under federal law and

regulations only to opposite-sex couples.) This Court

should end this disgraceful — and unconstitutional —

discrimination today.

CONCLUSION

On behalf of the children whose welfare

Cuyahoga County is charged with protecting, the

County urges this Court to stop the unconstitutional

discrimination against them and their same-sex

parents.

32

The Sixth Circuit’s majority’s “wait and see”

approach cannot stand. Seventeen years ago, an Ohio

Court of Appeals, in Jn re Adoption of Doe, 130 Ohio

App. 3d 288, took the same approach refusing to

allow a same-sex parent to adopt their child until a

legislative change arrives. The law in Ohio has not

changed since. Those children are now adults.

Today’s children and their same-sex parents

should not be required to sustain another seventeen

years of humiliation, discrimination, and second-

class stigma in anticipation of an unpredictable

legislative change of heart. The children and their

parents whose stories are told in this Brief are

seeking justice from this Court. They are looking to

this Court to properly apply the Fourteenth

Amendment of their Constitution, which guarantees

“the equal protection of the laws” to “any person

within its jurisdiction,” regardless of that person’s

age, gender, or sexual orientation.

A “court owes no deference to a legislature’s

judgment” of a “quintessentially legal question.” Kelo

v. City of New London, 545 U.S. 469, 517

(2005)(O’Connor, J, dissenting). The Equal

Protection and Due Process clauses are, by

definition, limits on the powers of government and

must be applied in this matter. There is no

justification for deferring to legislatures on the

interpretation of the constitutional limits on their

powers. The Court should not subcontract the

exercise of its constitutional judicial review powers to

the whim of state legislatures.

Another generation of American children

should not be forced to wait a single day to enjoy the

full

rights and privileges guaranteed by

33

Constitution. They have waited long enough.

For these and the other reasons stated above,

the Sixth Cuircuit’s decisions in the cases below

should be REVERSED.

Respectfully submitted,

MAJEED G. MAKHLOUF —

DIRECTOR OF LAW

Counsel of Record

AWATEF ASSAD

RUCHI V. ASHER

ASSISTANT LAW DIRECTORS

DORON M. KALIR

VOLUNTEER ATTORNEY

CUYAHOGA COUNTY DEPARTMENT

OF LAW

2079 East 9% St., 7% Fl.

Cleveland, OH 44115

(216) 698-6464

mmakhlouf@cuyahogacounty.us

Counsel for Amicus Curiae

The County of Cuyahoga, Ohio

their

APPENDIX

1A

APPENDIX

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es GD BI Bonicievetvnscccrvessenrsedsstiniasniaaamannee 10A

BD, I TG. viicccctenssureviccmantiebial seseitianaa 12A

Decl. Jane Doe 5 & 6.......... esadeiiaumaeiaiesatianianae 19A

Decl. Jane Doe 7 & 8........................ seotunteitadiiimeiaiianas 24A

I, SED Te Dicccccecccccscesessetdsitstmsssoiemmnaneaaene 29A

Bs SEITE Wcvviscudscovnecussaceenyanhecsontnupnaniensasmnananiaen 34A

I, GEE Silcsienssscisecsissiinnctecetositonssitenseantnimemaiainaannee 37A

Decl. Child Welfare Professional 1......................... 40A

Decl. Child Welfare Professional 2...................0.0... 43A

Decl. Child Welfare Professional 3..................0...... 46A

BE, GRIND BF cccicccaceciscesesesnecentceccededisianeeae 48A

2A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI )

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556,

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL., )

)

)

)

Respondents.

DECLARATION OF

JOHN DOE 1

I, — an under 28 U.S.C. § 1746, declares

as follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. On New Year's Day this year, my

partner and | just celebrated our 25th anniversary.

We met in Nashville, Tennessee, in 1990 and lived

there for 10 years before moving to Cleveland. I!

grew up in a western suburb of Cleveland and moved

back to be close to my parents and brothers who live

in the area. We also wanted to adopt children and

thought it would be easigr in Ohio than Tennessee—

that was before the constitutional ban on same-sex

marriage in Ohio.

4. We became licensed foster and adoptive

3A

parents in 2003, and shortly afterwards our son was

placed with us as a foster child. The county

determined that we were the family most able to

meet our son’s needs and entrusted him to our care.

We were both his foster fathers for a year. When he

was available for adoption after a year, only one of us

could be his legal adoptive parent because we were

not able to be married. We decided that I would

become the legal adoptive parent, chiefly because |

had better health benefits. On the day that the

adoption was finalized, the magistrate invited me

into her office but not my partner until after the

finalization was complete. What should have been a

celebration was a bittersweet moment for both of us.

5. In 2007, we were fortunate to adopt a

second child and our daughter joined our family.

Once again, we had to decide who would become the

legal adoptive parent. Once again, we choose me, not

just because of benefits, but because we wanted to

children to be legally related as siblings. If my

partner had been the legal adoptive parent of our

daughter, our children would not have been legally

related. Once again, we had the bittersweet

experience of my partner not being included in the

actual adoption finalization.

6. We are both parents in the eyes of our

children. They treat us equally as parents. We wish

that the law would treat us equally as well.

Fortunately, we work for supportive companies, who

gave us both family leave at the point that the

children were placed with us and sick days when our

children are ill, though my partner’s company is not

required to do so. My partner actually takes more

days off when one of the children is sick or there is

no school. We are grateful for this support, but we

4A

should have this protection by law rather than

depend on the good nature of an organization or

supervisor.

7. We have worked with an attorney at

considerable expense to protect ourselves through

our wills, powers of attorney, and a joint custody

agreement. We still feel vulnerable, however, and do

not have the same legal protections that marriage

would give us instantly. The children have asked

what would happen if something were to happen to

me. We have had to explain that we do not have the

same assurance as a married couple that the

surviving parent would be able to continue to parent

without a legal proceeding. Our children yearn for

the security that marriage would bring to our family.

They want our family to be like other families.

8. We want to be married in Ohio. We

could go to another state, but this has been our home

for 15 years and my family is here. In addition, if the

marriage is not recognized by the State of Ohio it is

not worth much to us. We celebrated our daughter's

eighth birthday yesterday. She told me that her

birthday wish was that her Daddy and Papa could

get married. I hope that her wish comes true this

year. And | hope that my parents—who have been

married for 63 years and who are now too elderly to

travel to another state to watch us wed—will be able

to witness it.

9. We accept all the responsibilities of

marriage—to love, honor, and care for one another

and our children—without any of the rights or

protections. Our children, families, friends,

neighbors, co-workers, and fellow church members

regard us as they would any married couple. We ask

that the State of Ohio would treat us the same way

by allowing us to be married.

I declare under penalty of perjury that the

foregoing is true and correct to the best of my actual

knowledge and belief.

Executed on 24 day of February, 2015 in

Cuyahoga County, Ohio.

ama

6A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL,

ET AL., AND BRITTANI

HENRY, ET AL..,

Petitioners,

Vv.

RICHARD HODGES,

DIRECTOR, OHIO

DEPARTMENT OF

HEALTH, ET AL.,

Respondents.

CASE NO. 14-556

DECLARATION OF

JANE DOE 1

i a a oe oe oe oe ee _ ee

1, MER, wnder 28 U.S.C. § 1746, declares as

follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. Marriage equality is an issue that

affects people and society in a number of ways. Since

a young age I have believed in the idea of Marriage

Equality, even before it was a recognized movement,

TA

based on ethical principles that all people deserve

the same rights. However, as an adult I now have a

very real and concrete life that is affected by this

issue. These are some points from my life that can

give a picture of how this issues affects a real family:

4. My wife and I have been together for

over 2 decades. In 1995 we had a Holy Union

Ceremony. This had all the makings of a real

marriage complete with a Church service, and

reception where we were surrounded by our family

friends while we promised our lives to each other and

celebrated. As much as this was very real to us, and

we have lived a “married life” ever since, we were

always aware that we were not recognized in the

same way that couples who have a legally recognized

union are.

5. In the years following our Union, we

adopted 5 children through the foster care system.

While we were fortunate enough to find an adoption

agency that was welcoming, there were constant

reminders of how our situation was different from

other families. In one particularly painful situation

a social worker actually pushed for (and succeeded)

in a reunification effort of a baby with his biological

family because she felt that the child going to live

with a drug addicted mother who had said she did

not want him was better than him being adopted by

us.

6. Even when we (or rather I) was able to

adopt, there were always questions of “who is the

mother”, which was awkward for us and upsetting to

our children. At times im | would have to call me at

work and pull me out of meetings to give permission

for her to talk to a teacher about an issue at school or

SA

give permission for the doctor to treat our child

because she was the one at the appointment. We

have been fortunate that these incidents were not too

numerous and we were able to explain things to

others without any long delays to what our children

needed. But the occurrence of them is always in our

mind and makes us pause at times about where and

how to tell professionals about our family.

J We have spent thousands of dollars in

legal fees to try and give ie my permission to care

for our children. We keep documents at home and

have provided them to the schools and pediatrician.

We have also carefully written our Wills so that in

the event something were to happen to me, our

children should remain with Kate as their legal

guardian. However the reality is that my parents

(who are only mildly tolerant of our life) could fight

in court to obtain custody and possibly win, even

though Kate has been their parent their entire lives.

8. Our children _ a

a Vc are generally

comfortable talking about their family, but still face

questions and confusion when having to explain if

their parents are married, or how they have 2 moms.

I realize marriage equality across the nation will not

instantly change everyone's beliefs about this topic.

But it would send a strong message that it is an

accepted form of family, and put into the common

language a way to talk about it. This concreteness is

especially important to children, and even more so

adopted children, who are trying to figure out their

place in this world. To have their family recognized

as legitimate and real in the eyes of the government

can give a sense of security and legitimacy to their

lives. They are not able to fully understand the legal

9A

ramifications, but they are able to hear the fear in

our voices when they ask what would happen to

them if one of us were to die and we cannot promise

that the plans we have set up would be honored.

9. In 2010, we were legally married in

Canada. We were hoping for a little more security

with our family, but in reality we saw very little

direct effect in our home state. Eventually with

changes at the Federal level we have seen some

benefits. One issue in particular is related to health

insurance. For a variety of reasons, we have

structured our family so that we is the stay-at-

home mom. However, without an employer was

unable to find affordable reliable health insurance

coverage. Eventually my employer offered domestic

partner benefits, which allowed —S to be covered

under my insurance plan but I had to pay a different

amount and additional taxes. When the Federal

rules changed we were finally treated the same as

other couples and no longer charged additional tax

for our family to be covered. If we had not left our

home state to obtain a legal marriage elsewhere, this

would not be possible.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24 day of February, 2015 in

Cuyahoga County, Ohio.

ARR ITRS

10A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI +d)

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL.., )

Respondents. )

) DECLARATION OF

) JANE DOE 2

)

)

)

)

I, RR under 28 U.S.C. § 1746, declares as

follows:

l. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. At the age of 8, my mom passed away

and I was placed in foster care, living from home to

home until the age of 18. I’ve always wanted

someone to love me for me and grew up looking for a

mother figure. At the age of 14 I started to feel

differently. Most girls my age were boy crazy, but

11A

not me. | was girl crazy! Then at 18, low and behold

I met her, my first love. Although we had known

each other since we were 8 years old, we hadn't felt

this way towards each other before. After we had

been together for about 8 years we decided to get

married. We found a minister and who performed

the ceremony and gave us a certificate of marriage.

However there were still issues that kept me and my

spouse from having a normal married life. She found

a very good job with fantastic benefits, but, our

marriage was not considered legal and she wasn’t

allowed to carry me on her insurance. It really came

at the most inconvenient time because | started

experiencing serious health issues. Had our

marriage been recognized, we wouldn’t have gone

through the hardships that eventually took its toll on

our relationship. By legalizing same sex marriage,

these young people who are in the system, but are of

legal age to marry, will be able to be together,

married, without suffering the hardships

surrounding the ban of same sex marriage. I hope

my story will help another gay couple through this

journey. Thank you.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 26t* day of February, 2015 in

Cuyahoga County, Ohio.

ane

12A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI )

HENRY, ET AL., )

Petitioners, ) CASE NOS. 14-556

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL., )

Respondents. )

) DECLARATION OF

) JANE DOE 4

)

)

|, SRS, under 28 U.S.C. § 1746, declares

as follows:

1. I have personal knowledge of all facts

recited herein.

2. [ am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. My wife and I have been married for 2

years (in New York state) and together for 5. I had

two children from a previous relationship, both of

which she is helping to co-parent. Being that their

dad still has visitation rights to the kids, second

parent adoption isn’t an option within the confines of

13A

our current family structure, but certainly has

impacted our decision whether or not to expand our

family further and the rights and privileges

associated with legal marriage have impacted our

family in the present.

4. The legal code as it exists helps dictate

how we understand the world around us and societal

expectations in terms of navigating interpersonal

interactions and negotiating business. deals.

Marriage is, in practical effect, a hybrid of all of

these things. I do not think marriage equality will

remove bigotry or small mindedness, but it will

provide people with an infrastructure of predictable

legal action that is universally acknowledged,

understandable, and defensible. Right now, legally

speaking, our family doesn’t exist in Ohio, and

countless other places, and that reality has a direct

correlation with how other people view us.

5. Recently, our 11 year old daughter was

mercilessly mocked at school by a boy who kept

taunting her that “[she doesn’t] have a family” and

“how does it feel to not have a family.” These taunts,

which don’t begin or end there, stem from him

realizing that she lives in a household with, and is

being parented by, a same sex couple. Sixth grade is

tumultuous enough without having the added

complication of people scrutinizing and ultimately

deciding that the people you live with don't

constitute a family. Unfortunately, in Ohio, in strict

legal terms they are right.

6. We also face the conundrum of trying to

teach our kids to respect authority and follow the

rules, yet simultaneously telling them that this

14A

particular rule (and in Ohio's case, Constitutional

amendment) is ignorant and rooted in fear. When

the four of us, accompanied by our families and

closest friends, went to New York for our wedding

ceremony, our youngest, who was 6 at the time, was

worried that we would be arrested upon re-entering

Ohio. In his mind, since same sex marriage is not

legal in Ohio, our marriage effectively made us

criminals. The lack of equality in our state does not

appear to children as a mere nuance in civil status,

to them, we are social and, after having been married

in another state, legal pariahs. They fear for our

family. They fear the police. They fear that we are

“bad.” These fears culminate in a confusing reality

in which their knowledge and confidence in us as

people and in our family unit is challenged by society

as a whole. This is a daunting reality to deal with as

an adult and doubly so for a child.

ms Recently, my wife lost her job. Despite

me being employed at a place with open and

inclusive policies, including same sex partner health

care coverage, her mid-year lack of employment did

not constitute a “change of circumstance” that would

qualify her for coverage. As a result, the upper

administration at my employer looked into other

heath care plans and their policies regarding same

sex couples. They found that across the board, in

states where same sex marriage is not legal, the only

time a same sex partner/spouse can join or rejoin the

plan is during open enrollment. The option of adding

a heterosexual spouse to your healthcare plan after a

“change of circumstances”, which losing a job is

universally acknowledged as, is commonplace. Yet,

consistently in states that do not recognize same sex

marriages, this option is not available for same sex

15A

couples. This unanticipated lack of health care

coverage put our family in a financial conundrum

and made a bad situation exponentially worse.

8. My wife, by training, is a teacher. Ina

state in which there is a complete lack of protection

for homosexuals, she could essentially be fired from

her school district simply for being gay. Some

districts have, of their own volition, decided to add

sexual orientation to their list of protected statuses

within the district, but many have not. If employed

in a district that has not added sexual orientation as

a protected status, she has to make the decision

whether her co-workers and administration should

be privy to the existence of our family. She has to

choose between acknowledging her family and

maintaining, a tenuous at best, sense of job security.

In a competitive job market, that also means she

needs to decide between applying everywhere that

has available positions that fit her area of

certification or if she should only apply to the limited

number of schools that have explicitly stated that

sexual orientation is a protected status. Both are

limiting and risky choices for a variety of reasons.

Having been’ together while some of _ the

aforementioned scenarios played out, I will attest

that these choices are disheartening and degrading

for every member of our family. How do you teach

children to love themselves and be proud of their

family when the adults who are leading them don't

feel legally safe to acknowledge their existence or the

true composition of their family in their professional

realm? The level of stress that these choices create

permeate the reality of all family members. Nobody

wants to feel invisible, particularly not a child.

16A

9. We have spent thousands of dollars

having legal paperwork drawn up that spells out the

legal expectations we have for ourselves, our

property, and our mutual right to make decisions

regarding each other in the event that one of us is

incapacitated. All of these things are inherently

assumed if your marriage is legally recognized. It is

taxing to explicitly name, on legal documents, your

parents and siblings to purposefully exclude them

from decision making, to ensure that your spouse

might be given that chance. In reality, despite these

lengths being taken, we are both well aware that

many hospitals and courts will continue to ignore our

carefully planned requests and, in a time sensitive

situation, that is a potentially life changing scenario.

10. In discussions about whether we would

expand our family or not, we have had to consider so

many elements of a legal nature that the process has

becoming indescribably daunting and, in reality,

would be crushingly expensive. In Ohio, only one of

us could be the child’s parent. That means that only

one of us would be allowed to make legal, academic,

and health decisions for that child and exceptions to

allow the other, non-legal parent, to make decisions

on a daily basis would be made, on a case by case

basis, if the non-legal parent brought the proper

legal paperwork and the person receiving said

paperwork was amenable to it. Such a process is

arduous and invasive. I shouldn't have to articulate

the construct of my family at every denta! check-up

or if my child needs to go to an urgent care for an ear

infection. Nor should I have to worry that every time

I am in a decision making situation with my children

that they may or may not experience somebody not

only scrutinizing our family, but possibly rejecting

17A

one of us as their parents through their denial of our

ability to access treatment or make decisions for that

child.

11. If we chose to expand our family, being

that only one of us could be that child’s legal parent,

that means we would be limited to insuring that

child on one of our insurance policies. What happens

if there is a job loss or major change of

circumstances? We would never have the option of

putting that child on the other parent’s insurance.

In that scenario, potentially a parent and child are

both uninsured making them, and our family as a

whole, more vulnerable and exponentially more

financially unstable.

12. If we expanded our family, one of us

would not have access to FMLA if there was a

medical issue with any additional children. If we

expanded our family, those children would not be

eligible to receive one of our social security benefits if

a tragedy befell our family.

13. I can't tell you how many evenings I go

to bed and wonder if living my truth is at too high of

an expense for my kids. They are good, strong,

brave, kind, and proud, but the daily scrutiny and

treatment that we and they receive, and the blind

eye that so many people turn to it, is taking a toll.

The cumulative effect of that toll is yet to be

determined, but certainly does impact them in

profound ways. I don't know if I, in good conscious,

could ever expand our family and do that to more

children.

14. Marriage equality is but one step in

18A

eradicating these issues, but is a huge leap in letting

families like ours know that we matter and we will

be protected regardless of what popular (or

unpopular) opinion is. We, and our kids, should

know that we are of equal value and nobody, and no

state, should have the right to say otherwise.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 23 day of February, 2015 in

Cuyahoga County, Ohio.

// =

19A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI )

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

v. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL., )

)

)

)

)

)

)

Respondents. DECLARATION OF

JANE DOE 5 AND

JANE DOE 6

I, — under 28 U.S.C. § 1746, declares

as follows:

x I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. - 3 and I met 6 years ago while

studying for the bar exam in Philadelphia. It turned

out that we'd both been working for the same law

firm but hadn't yet met, so a colleague introduced us.

We became quick friends, but didn't start dating

until a year later.

20A

4. After dating for a little over a year, |

accepted a new job and made the difficult decision to

move back home to Cleveland, Ohio to be closer to my

family. EMM) and I continued dating long distance

with many long drives between Cleveland and

Philadelphia. = proposed to me on one of those

trips back to Philly a year later and we had a

commitment ceremony with our friends and family in

the oldest botanical garden in America in September

of 2012. When Pennsylvania lifted their gay

marriage ban in 2014, and I were finally able

to apply for a marriage license and were legally wed

by the PA Supreme Court justice that me clerked

for during law school.

5. It was bittersweet knowing that we had

to go out of state in order to have our relationship

recognized. So why didn't we just wait for Ohio to

catch up with the other 37 states that currently

permit gay marriage? Because - a and I had

decided to start our family and Emily was three

morths pregnant. It was our hope that marriage

would afford us additional legal protections to our

relationship and our future children. Unfortunately,

we learned that an out of state marriage license has

very little value in Ohio and offers almost no

protection to our family.

6. As the non-biological mother of our soon

to be born daughter, Ohio law treats me as a legal

stranger. A stranger that has no rights to make

healthcare decisions, no access to medical records,

and whose name will not appear on the birth

certificate despite the fact that we are legally

married at the time of her birth. To further

complicate matters, Ohio law only recognizes one

21A

mother, so the only way I could have parental rights

would require to completely give up her rights.

And Ohio does not permit second parent adoptions

like many other states do, so I cannot apply to be

recognized as our daughter's other parent. Nor can I

apply to adopt our daughter as a step-parent. Our

attorney, ee has advised us that the sad

truth is that there is very little we can do to protect

our family unless Ohio adopts new laws. She will

guide us through the process of applying for legal

guardianship and filing a shared parenting plan, but

even these will provide very little security.

7. Getting legal recognition is important

because it will impact our child's well-being. These

are issues that currently keep us up at night

worrying what could happen to our family. In the

event that something happens to ee during child

birth and our child is left without her biological

mother, the law favors her next of kin, her biological

grandparents rather than her non-biological mother.

Her grandparents who live in Philadelphia, who have

struggled to accept their daughter's sexuality and

her decision to move to Cleveland, would be given

preference over me, the non-biological mother. The

daughter that we have prepared so long for, could be

ripped away from me without any consideration. In

the event of a divorce, has no ability to request

that I pay child support or provide any assistance in

raising the daughter that we brought into this world

together. would become a single parent with

no right to support and I could walk away obligation-

free. The current laws would not give me the ability

to seek custody, visitation or co-parenting mghts for

our child. My parents, her _ non-biological

grandparents, would not likely receive visitation or

22A

continuation of their relationship with our child.

Finally, in the event of my death, our daughter is not

considered my heir, meaning she will not legally

inherit from my estate (and will not be treated as a

grandchild to inherit from my parents) and cannot

receive my social security or other death benefits.

These are only a few our concerns, there are so many

other scenarios where Ohio would provide limited, if

any, protections under the law.

8. Ohio's laws leave all three of us

vulnerable in different ways. We have done as much

as we can to minimize the risks we face. There are

questions and steps we have had to take that our

heterosexual counterparts don't have to think or

worry about. Our attorney has drafted documents

and a plan to help protect our family, but there is no

amount of money or paperwork that will ever give

our child the same security as her peers. Every day

brings more considerations and questions we have to

tackle to ensure the best possible care for our child.

We've had to worry about whether I can, as the non-

biological mother and legal stranger, add our child to

my current health insurance plan. I've had to ask

our provider and the Cleveland Clinic if I will be

afforded the same rights and access during the

delivery of our child. I've had to navigate

maternity/paternity policies to see if 1 am permitted

a leave to care for a child that Ohio law says is not

mine. We are grateful to work for employers who

recognize our family for exactly what it is and grant

us the same rights and benefits as our heterosexual

colleagues. However, we know that there are

countless others in our community working for

companies who are not as inclusive and who have no

recourse or protections under the law. We are

23A

fortunate to have access and the ability to seek

experienced legal representation to protect our

family when we know that many others cannot afford

to take the steps needed to do the same.

9. We don't want to raise our daughter in a

state that treats our family like second-class citizens.

We respectfully request that Ohio provide the same

level of recognition, respect, and sanctity to our

marriage and our family as every other marriage and

family within our state. We would like Ohio to legally

recognize both of our daughter's parents, with a birth

certificate that reflects the truth of her birth, so that

she can be legally cared for by both of us, as her

parents. Our daughter will invariably learn about

the inequality in our world one day, I just hope that

lesson doesn't come sooner than it has to.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on 24th day of February, 2015 in Cuyahoga

County, Ohio.

_——

24A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ETAL., AND BRITTANI _i—+SdYWw

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

?. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL., )

Respondents. )

) DECLARATION OF

) JANE DOE 7 AND

) JANE DOE 8

)

)

)

|, HMMA, 28 U.S.C. § 1746, declares as

follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. Family is the central pillar holding up

the foundations of our modern society. The fact that

25A

we are in a same-sex marriage does not change the

wholesome family values that we want to teach our

child. Our story starts 8 years ago with a Brit

_— 2 and an American Hi falling in love.

After a few years we wanted to build a future

together. This entailed immigrating to the UK,

which although financially pricey, was a relatively

simple and straight forward process. The laws

protect LGBT people, partners and families here in

the United Kingdom (UK). In 2013, we decided to

grow our little family and in July 2014 we welcomed

a son into the world. Again, the laws protected us

and it was straight forward. As we were married, my

partner was listed as “parent 2” on his birth

certificate. No questions asked. We work and live

the same as conventional couples and their families,

and enjoy the same benefits. The laws are on our

side. We simply don’t have to worry for a second

about our relationship being questioned. Both of us

are parents and can make decisions for him, etc.

4. Being a first time parent is a wonderful

blessing and frightening experience. To love

something so completely and wanting to raise them

to be a confident, loving and hardworking individual

can become a minefield. Is this the right type of

formula? Is this the right kind of toy to spur his

development? Is this the right song to sing?

Although when these things boil down, do they make

a difference? The jury is still out, but what does

make a difference is family and feeling secure and

safe. Time and time again we hear stories of same-

sex individuals raising a family and doing this

together, despite the obstacles Ohio laws make for

us. But imagine raising your own child and not

having these fundamental rights like being able to

26A

make a medical decision at a life threatening

moment. This would be every parent's worst

nightmare and it is a true picture for same-sex

parents in Ohio.

5. In a few years’ time, our family will be

looking to head back to Ohio. Unfortunately, we are

concerned about the current state laws and how they

may negatively impact on the stability and security

of our wonderful family. In 2013, when the Supreme

Court struck down DOMA, we knew that our dream

of returning to the home was becoming a reality as

our family was now recognized federally. This

change became most significant when our son was

born. Despite being born in the UK to a same-sex

couple, he was immediately granted American

citizenship. Additionally both of us were registered

as parents on his US birth certificate. This was an

absolute validation that our family was welcomed by

the US federal government, what a relief!

6. However Ohio is still discriminating

against families like ours. Families that would like

to return to Ohio, to their extended family, to work

hard and provide a loving and stable environment for

our son, so that he can grow up and contribute to a

positive work force and become a positive member of

society. Ohio hasn’t validated our families. Same-

sex parents in Ohio who want to raise their children

as confident and happy children are always faced

with a threat that they are not the same, deserve less

than conventional couples and cannot make decisions

for the children they raise and love unconditionally.

7. Although recognized federally as both

parents to our son, we are still unsure if Ohio will

recognize my partner as “parent 2”. If we decide to

27A

have more children in Ohio, it has been made clear

that my partner will not be recognized as a parent.

However, the decision made for having children will

be decided by both of us, just as it is with all couples.

My partner had just as much of a struggle dealing

with a hungry, swollen, hormonal pregnant wife,

with late night runs to the local convenient store for

a specific bar of chocolate which of course they did

not have. She was there at every medical

appointment, to hear and see our son growing. She

was there holding my hand during the emergency

caesarean to bring him safely into this world. She

has done night feeds, rocked him to sleep, reads him

books, changed a million and one diapers (and

counting) and most importantly shows him

uncenditional love as only a parent can do. To not be

recognized as a full parent is an indignity. And Ohio

is doing this daily.

8. Please remember when making a

decision, we are not asking for “special rights” or

different rights. We want to simply live with our

families close by and not have to worry about

security and stability for our family. We want to be

able to equally make decisions for our son and be

recognized as both his parents. We don’t think this is

too much to ask.

9. I sincerely hope that when the day

comes when we will return to Ohio, the heart of it all,

we all will be protected, accepted and allowed to live

the same life and have the same rights as every other

conventional family enjoy.

I declare under penalty of perjury that the foregoing

28A

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24t% day of February, 2015 in,

Cuyahoga County, Ohio.

29A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI _)

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL., )

Respondents. )

) DECLARATION OF

) JANE DOE 9

)

)

)

)

I, . Se under 28 U.S.C. § 1746, declares as

follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. My partner, THM and I have been

together since 1995. I brought four children into our

relationship from a previous marriage. TH has

30A

loved, parented and sacrificed for them from the

beginning. The children, two sons and two

daughters also loved her and depended on her for

care, advice, and _ support. Our family was

predominantly happy and functional. We held our

children to higher standards. Being the children of a

lesbian covple in a mostly white, straight, middle

class suburb was challenging to our kids. They often

had to prove themselves, prove they were smart,

talented, and socially skilled, in order to be as good

as the students from “normal” families. They

succeeded; good grades, well liked, athletic, leaders.

Even so, they were often not welcomed into the

homes of some of their friends. We as their mothers

were almost always not welcome. If we had been

legitimized with a marriage license, it might have

been different for some.

4. In 1999, my father, who our children

loved, was dying of lung cancer. As a family we

visited him frequently in the Veteran’s Hospital in

Huntington W. Va. Ta also loved him and was

loved by him. It was very difficult for us to drive

from Cleveland, Ohio to Huntington almost every

weekend, but we did. We would often meet

resistance at the hospital because only family was

allowed into see my father. TH was not family

given that we could not be married. Our sons,

especially, were losing a father figure/role model in

my father. He was a retired career Marine who lived

by the Marine’s honor standard. They were his only

grandchildren and they were very special to him. |

got the call in the early morning of April 6, 1999 that

Dad had passed. We set about letting all of the

children know then sitting together with them as

they, and we, tried to deal with it. His funeral was

31A

held on Wednesday of the following week. Our oldest

son gave the eulogy. The kids huddled together as

taps were played. The funeral was devastating.

5. As we drove home, I received a call from

a former neighbor who informed me that my ex-

husband, the children’s father, had been hospitalized

and was in critical condition. The children had a

difficult relationship with their father. He was a

good man, but an alcoholic with the typical strained

parenting that goes along with that. Regardless of

the history, it was frightening to know their father

was in critical condition as they drove home from

their beloved grandfather's funeral. Their father

died one week from the day that their grandfather

died. It was a compounded grief. We watched our

strong, good children stand next to their father’s

grave confused and doubly sad. All of our children

had various emotional reactions to the loss of these

two men only a week apart.

6. THM and I felt their grief and worked

together to try to ameliorate its effect. Along with

the usual elements of loss and grief, we recognized

that there was generalized fear, especially with our

youngest child who was [J years old at the time. He

alternated between acting out and clinging to both of

us but particularly my partner, his “other” mom, who

had represented a father figure for him. She never

missed a basketball, baseball or football game. She

was there when he was angry or sad or both. He took

comfort in her for many reasons. She was steady,

consistent, fair and firm.

me | and I realized that we needed to

make sure that be knew that he was safe and

secure and that he would be taken care of if anything

32A

were to happen to me. His grandparents on both

sides were not stable. His father’s parents were

dealing both with colon cancer and his grandfather's

alcoholism. Added to that, they had rejected all of

the children when I divorced their son and I came

out. My father was now deceased and my mother

also struggled with addiction. [J asked often if he

could be sure that he could stay with one of his

mom’s should something befall the other. I, of

course, would have custody. TJ however would

have no legal right or legal standing should

something happen to me. We consulted an attorney

to try to find a solution. The only advise we were

given was that I could make mention in my will that

I wanted TA to be his guardian should something

happen to me. Had we been a heterosexual couple

who was married, there was more that could be done.

8. me struggled with the _ insecurity

throughout his high school years. That was reflected

by continued acting out and the tendency to sabotage

when he got close to success. There was more than

one reason for this, but his persistent worry about

the loss of another parent was significant. As he

approached graduation, he was offered a scholarship

at a D II college to play football. Although this was

something that he dreamt about since he was very

young, he turned it down. After many long tearful

conversations as to why, we discovered that he was

afraid to leave us because he worried that something

would happen to one of us. Certainly it was an

unreasonable belief to think that if he was here he

could prevent disaster, but he couldn’t shake it.

wound up going to the local junior college and living

at home. It took until he was engaged to his wife for

him to move into a place of his own.

33A

9. There have been many _— times

throughout the life or our family when being able to

say that we were married would have made our lives

better and made us more legitimate in the eyes of

those who only understand the concept of marriage.

We have created many of our own rituals over the

years we have been a family to emulate what

straight couples take for granted. Although our story

is significant, | know there are many more couples

whose children have struggled because of the

inability to be married in Ohio. It is my fondest hope

that my home state gets to a place that allows the

lives of all of us to be honored and legitimized.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed: on this 24% day of February, 2015 in

Cuyahoga County, Ohio.

sme

34A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI )

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

v. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL., )

Respondents. )

) DECLARATION OF

) CHILD 1

)

)

I, — ae under 28 U.S.C. § 1746, declares as

follows:

5 I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. My mother left my father when I was

five years old. He was an alcoholic. He was

financially and emotionally unavailable and

35A

sporadically in the lives of my siblings and I until his

death at age 49.

4. When my mother met her — Tae

she embraced me, ME and as her

own. The void that had been left by my unavailable,

sick, father was finally filled and Ti quickly

became a parent to us. She cared for us when we

were sick, helped us with bills, attended our sporting

events, and offered us unconditional love. She

walked us down the aisle and has been present for

the birth of 5 grandchildren.

5. She is our second mom. But because my

parents cannot get married, she has never been

given the rights, privileges, and respect of a legal

parent. She couldn't take us out of school when we

were sick. She couldn’t sign permission slips, or get

recognized at banquets and at senior night. When

we went off to college and my mom was struggling

financially, she couldn’t put us on her health plan.

And most tragically, if something had ever happened

to my mother, she could not have legally adopted us.

We would have been forced to live with a relative

that was merely an acquaintance to us instead of the

only other parent we had known.

6. The sadness and shear tragedy of the

marriage ban in Ohio was never more apparent than

on a sunny June day in 2012 when had a brain

aneurysm. As the family sat vigil in the hospital,

hanging on the doctor’s every word, my mother, her

partner for 17 years, was merely a “friend” in the

eyes of the hospital and the state. They did not use

the words spouse or wife because they could not.

Gratefully, the hospital staff was respectful to my

mother and did their best to accommodate her. But

36A

the reality was that had ez not survived, my

mother would not have had the same rights as a

legal wife. At a time when my mom was

experiencing so much pain and fear, this too had to

weigh heavy on her heart and mind.

7. I was born in Ohio. It is my home. It is

a shame that it remains a place where two people

like my parents cannot get married and share the

same rights as a heterosexual couple. Being legally

married is more than just a title or a piece of paper.

It impacts the children of homosexual couples in so

many ways. But most importantly we do not get to

legally recognize those individuals who have raised

us and loved us simply because the government has

told us we cannot.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 25% day of February, 2015 in

Mecklenburg, North Carolina

ls

37A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL,

ET AL., AND BRITTANI

HENRY, ET AL.,

Petitioners,

V.

RICHARD HODGES,

DIRECTOR, OHIO

DEPARTMENT OF

HEALTH, ET AL..,

Respondents.

CASE NO. 14-556,

DECLARATION OF

CHILD 2

I, a under 28 U.S.C. § 1746, declares as

follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. While the marriage ban in Ohio has

negatively impacted my family in so many ways from

a legal standpoint, the archaic and antiquated stance

38A

on same sex marriage in Ohio has been detrimental

to myself and my siblings from a social and

psychological standpoint as well.

4. I am the youngest of four, and my

mother left my alcoholic father when I was just an

infant. My father was an unreliable, absent man

who was unable to care for his children while

battling his demons. For most of my childhood, I was

the son of a single mother.

5. When my mother found her partner,

TWH. I finally received the love from a second parent

that I did not know existed. I bonded with her as I

had never done with anyone else before, treated

me as her own son from the very beginning. Ti

taught me what is was to be respectful, to have a

work ethic, and to take pride in everything I do. All

of the core values that I pride myself on today and

work to instill in my daughter were taught to me by

her.

6. The Ohio marriage ban helps to

perpetuate the stigmatism that accompanies same

sex couples. While people are free to think for

themselves, many ideals and norms for Americans

are based on the public perception and governmental

regulations that they live with.

7. As an adolescent, I lived in a middle

class suburb. I spent the majority of my teenage

years afraid to tell people about someone SO

important to me. I was a 3 sport athlete, captain of

the varsity football team, and all-county football

player, but I could not share any of this with 3 in

public because my community was not accepting of

same sex couples. I was afraid to have friends over

to my house because I did not want them to know

39A

and tell everyone else; not only for my reputation,

but to protect my family from the bigotry and

prejudice that they would be sure to face at

community events and schoo] activities.

8. By Ohio refusing to recognize same sex

marriages, my family has been cheated out of special

moments that most all other families get to proudly

share. Of course the legal aspects were extremel

detrimental to my family (not legally being

child, health insurance rights for our family), but the

social and psychological damage that is being

perpetuated by the state was just as difficult.

9. I love Ohio. It is a part of whol am. I

plan to stay here and raise my family in Ohio. But it

is time Ohio steps up and recognizes that its stance

on marriage is dated and flawed. Ti is my parent,

and is the grandmother of my child. It is time that

the state government recognizes her the same way.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24 day of February, 2015 in

Medina/Ohio.

/s/ =

40A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI _i—sOWpD

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556,

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL.., )

Respondents. )

) DECLARATION OF

) CHILD WELFARE

) PROFESSIONAL 1

)

)

)

I, ae under 28 U.S.C. § 1746, declares as

follows:

l. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. As a Licensed Professional Counselor

and Adoption Assessor, working in the field of Foster

Care and Adoption for 20 years, I have felt the

41A

impact of the Ohio Ban on same sex marriages.

4. Years ago I worked with two women in

a long term committed relationship who became a

family of 5 through adoption. One partner adopted 2

children, and the other adopted the third child. Since

neither of the companies they worked for offered

health insurance or medical care for domestic

partners, both women had to return to work after the

adoptions, necessitating the use of child care for very

young children. Their children were not able to

benefit from the consistent care and bonding that

could have occurred if one of the partners had been

able to remain home with the children during those

very important first years. They, as responsible

parents, would not allow any of the children to go

without medical coverage, and therefore both

mothers worked. If they had been able to get

married, and the children were each legally tied to

both mothers, one could have provided full time care

and nurturing.

5. I have also worked closely with many

same-sex adoptive families who legally are not given

the same benefits as their heterosexual counterparts.

For example, when completing a home study, I must

approve only one partner as the adoptive parent. I

recently completed a home study for a Second Parent

Adoption with one gay couple. The couple had to

resort to filing a petition to adopt in an out-of-state

probate court using the Ohio home study. The

parents successfully obtained a final decree of

adoption as proof of the second parent’s relationship

with the children. Ohio would not issue new birth

certificates for the children documenting the court’s

decision. It is assumed, but not guaranteed, that this

adoption will be recognized under the Full Faith and

42A

Credit Clause of the Constitution.. This process

imposed a financial burden on the family in an effort

to secure legal rights, money which could have been

spent on the care of the children.

6. J am personally aware of approximately

10 same sex couples who have adopted infants after

being chosen by birth parents who voluntarily

surrendered their parental rights. I am also

personally aware of many others waiting to adopt.

My experience shows me that same sex couples are

chosen by birth parents with approximately the same

frequency as heterosexual couples or single adopters.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24 day of February, 2015 in

Cuyahoga, Ohio.

IN THE SUPREME COURT OF THE UNITED

JAMES OBERGEFELL,

ET AL., AND BRITTANI

HENRY, ET AL.,

Petitioners,

Vv.

RICHARD HODGES,

DIRECTOR, OHIO

DEPARTMENT OF

HEALTH, ET AL.,

Respondents.

43A

STATES

)

)

)

) CASE NO. 14-556

)

)

)

)

)

)

) DECLARATION OF

) CHILD WELFARE

) PROFESSIONAL 2

)

)

)

)

|, Jnr 28 USC. § 1746,

declares as follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. I am an 18 year employee of the

Cuyahoga County Division of Children and Family

44A

Services. I have worked as a direct services

caseworker in child protection. 1 facilitated team

decision making meetings when the removal of a

child was being considered or a child already in

CCDCFS custody was facing a possible placement

change or was in need of permanency. I also

facilitated case review meetings for children in care.

Parents, their partners, caregivers, friends, family,

service providers, GALs, caseworkers, and CCDCFS

staff are invited to these meetings. Many of these

individuals or couples identify as LGBTQ.

4. Children of same sex couples in Ohio

are impacted by the gay marriage ban every day,

whether they are in CCDCFS custody or home with

their parents. The same struggles that challenge

heterosexual relationships may leave same _ sex

relationships in perpetual discord. This is because

the challenges will not go away unless the ban is

lifted. I have seen the same sex marriage ban lead to

a great deal of confusion for the adults and especially

their children who cannot comprehend the power

differential and responsibility solely placed upon the

legal parent.

5. Same sex couples who wish to become

foster parents or adoptive parents often find they are

not as welcome at some of the private licensing

agencies. Once some do become licensed, they face

adversity with child care and right to consent. I am a

member of the CCDCFS LGBTQ committee and we

are busy and collaborating with our foster care and

residential treatment providers about their own

policies and visible welcoming statements for all. We

continue to enhance our work by welcoming new

members and consultants who add to our mission of

working with both children and adults to gain the

45A

support and resources to better understand and work

together as family and community in Cuyahoga

County.

6. I am currently involved in _ solution-

focused research and program-related activities

focused on child welfare practice improvement.

CCDCFS is the largest child welfare agency in the

state of Ohio with approximately 800 total staff, and

about 500 caseworkers. In 2013, 1,677 children per

month on average were in the custody of CCDCFS

and cared for outside of their homes. CCDCFS served

5,644 children in their own homes in 2013. Also in

2013, 375 children were waiting for an adoptive

family.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24% day of February, 2015 in

Cuyahoga County, Ohio.

eases

46A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI _)

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL.., )

Respondents. )

) DECLARATION OF

) CHILD WELFARE

) PROFESSIONAL 3

)

)

)

)

I, ee under 28 U.S.C. § 1746, declares as

follows:

4 I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. I am an Adoption Subsidy Supervisor at

Cuyahoga County DCFS.

47A

4. Cuyahoga County did receive a call a

couple of years ago regarding a same sex couple who

adopted in Cuyahoga County. The partner who

adopted had passed away and the partner who did

not adopt was unsure what to do about the adoption

assistance. It was explained to her that the adoption

assistance was unable to be kept open and the

adoption assistance payment had to stop effective the

date of death. Thank you.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24t* day of February, 2015 in

Cuyahoga County, Ohio.

ala

48A

IN THE SUPREME COURT OF THE UNITED

STATES

JAMES OBERGEFELL, )

ET AL., AND BRITTANI )

HENRY, ET AL., )

Petitioners, ) CASE NO. 14-556

Vv. )

RICHARD HODGES, )

DIRECTOR, OHIO )

DEPARTMENT OF )

HEALTH, ET AL.., )

)

)

)

)

)

)

)

)

)

Respondents.

DECLARATION OF

ATTORNEY 1

I, — a under 28 U.S.C. § 1746, declare as

follows:

1. I have personal knowledge of all facts

recited herein.

2. I am over eighteen years old and

competent to make the following representations and

give the following consent in this matter.

3. I am an attorney in Lakewood, Ohio,

specializing in estate planning and shared custody

49A

for non-traditional families. I have been practicing

law for over 17 years, and during that time, I have

seen and heard the devastating effect that Ohio's

Constitutional ban on same-sex marriage has had on

LGBT families. I have seen the anxiety and

frustration in many parents’ faces when [ tell them

that the non-biological parent (or non-adoptive

parent) has no legal standing or rights with regard to

their children. I have witnessed the drama and

uncertainty when parents split, and they are not able

to go to Domestic Relations Court to resolve the

custody and property issues resulting from their

broken relationship. It is not uncommon for LGBT

families to leave Ohio for states which provide family

and relationship protection.

4. This government-sanctioned discrimination

must end. Children in non-traditional families need

the legal protections and certainty afforded to

children in “traditional” families in Ohio.

I declare under penalty of perjury that the foregoing

is true and correct to the best of my actual knowledge

and belief.

Executed on this 24% day of February, 2015, in

Cuyahoga County, Ohio.

=

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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