Rosenbrahn v. Daugaard

• Decision Date: 12 January 2015
• Docket Number: No. 4:14–CV–04081–KES.,4:14–CV–04081–KES.
• Citation: 61 F.Supp.3d 862
• Parties: Jennie ROSENBRAHN, Nancy Rosenbrahn, Jeremy Coller, Clay Schweitzer, Lynn Serling–Swank, Monica Serling–Swank, Krystal Cosby, Kaitlynn Hoerner, Barbara Wright, Ashley Wright, Greg Kniffen, and Mark Church, Plaintiffs, v. Dennis DAUGAARD, in his official capacity as Governor; Marty Jackley, in his official capacity as Attorney General; Doneen Hollingsworth, in her official capacity as Secretary of Health; Trevor Jones, in his official capacity as Secretary of Public Safety; and Carol Sherman, in her official capacity as Brown County Register of Deeds; Defendants.
• Court: U.S. District Court — District of South Dakota

61 F.Supp.3d 862

Jennie ROSENBRAHN, Nancy Rosenbrahn, Jeremy Coller, Clay Schweitzer, Lynn Serling–Swank, Monica Serling–Swank, Krystal Cosby, Kaitlynn Hoerner, Barbara Wright, Ashley Wright, Greg Kniffen, and Mark Church, Plaintiffs

v.Dennis DAUGAARD, in his official capacity as Governor; Marty Jackley, in his official capacity as Attorney General; Doneen Hollingsworth, in her official capacity as Secretary of Health; Trevor Jones, in his official capacity as Secretary of Public Safety; and Carol Sherman, in her official capacity as Brown County Register of Deeds; Defendants.

No. 4:14–CV–04081–KES.

United States District Court, D. South Dakota, Southern Division.

Signed Jan. 12, 2015.

Debra M. Voigt, Burd & Voigt Law Office, Sioux Falls, SD, Joshua A. Newville, Madia Law LLC, Minneapolis, MN, Christopher F. Stoll, Shannon P. Minter, San Francisco, CA, for Plaintiffs.

Jeffrey P. Hallem, Attorney General's Office, Roxanne Giedd, Attorney General of South Dakota, Justin Lee Bell, Robert B. Anderson, May, Adam, Gerdes & Thompson, Pierre, SD, for Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

KAREN E. SCHREIER, District Judge.

Plaintiffs, Jennie and Nancy Rosenbrahn, Jeremy Coller and Clay Schweitzer, Lynn and Monica Serling–Swank, Krystal Cosby and Kaitlynn Hoerner, Barbara and Ashley Wright, and Greg Kniffen and Mark Church, brought this action against defendants Dennis Daugaard, Marty Jackley, Doneen Hollingsworth, Trevor Jones, and Carol Sherman in their official capacities, alleging that South Dakota's marriage laws violate the United States Constitution. Plaintiffs move for summary judgment. Defendants resist that motion and move for summary judgment in their favor. For the following reasons, the court grants plaintiffs' motion and denies defendants' motion.

BACKGROUND

The undisputed facts¹ are as follows:

South Dakota law prohibits same-sex marriage. SDCL 25–1–1 declares in pertinent part, “Marriage is a personal relation, between a man and a woman....” SDCL 25–1–38 states that South Dakota recognizes as valid any marriage entered into in another state “except a marriage contracted between two persons of the same gender.” In 2006, South Dakota voters approved Amendment C to the South Dakota Constitution, which reads:

Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.

S.D. Const. art. 21, § 9.

Plaintiffs are six same-sex couples impacted by South Dakota's marriage laws. Nancy and Jennie Rosenbrahn live in Rapid City, South Dakota. They have lived together for nearly thirty years and have numerous children and grandchildren. When they decided to marry, they were unable to obtain a marriage license in South Dakota. With the exception of being a same-sex couple, they meet all other requirements for a valid marriage in South Dakota. The Rosenbrahns were validly married in Minnesota, but South Dakota does not recognize their marriage. As a consequence, the Rosenbrahns state that they have endured indignity and humiliation. Additionally, Nancy may be unable to inherit the couple's mobile home park in the event Jennie dies, and the couple has incurred expenses associated with attempts to replicate the legal protections automatically extended to opposite-sex married couples.

Jeremy Coller and Clay Schweitzer also reside in Rapid City, South Dakota. Jeremy and Clay applied for a South Dakota marriage license and were denied. Except for the fact that they are a same-sex couple, Jeremy and Clay met all the requirements for marriage in South Dakota. They were married in Iowa in May 2014. The couple's home is titled in Jeremy's name, and Clay may be unable to inherit the home in the event of Jeremy's death as he would if the couple could be legally married. Jeremy and Clay also desire to be treated with the same dignity and respect as opposite-sex couples.

Lynn and Monica Serling–Swank live in Brandon, South Dakota, and have been in a same-sex relationship for over twelve years. They entered into a civil union in Connecticut in 2006, which was converted into a marriage in 2010. Subsequently, they moved to South Dakota to be closer to family. South Dakota does not recognize their marriage. As a result, Lynn was unable to visit Monica in the hospital, and the couple has incurred significant legal costs to protect their assets and plan for their future. They also wish to have their relationship afforded the same protections and recognition as opposite-sex relationships.

Krystal Cosby and Kaitlynn Hoerner reside in Aberdeen, South Dakota. They met in 2012 and have one child together. They also applied for a marriage license in South Dakota but were denied. The couple is legally qualified to marry under South Dakota law with the sole exception that they are a same-sex couple. They reported that the experience of being denied a marriage license was painful and humiliating. Additionally, South Dakota would not allow Kaitlynn to be listed as one of the parents on their daughter's birth certificate. As a result, Krystal and Kaitlynn are attempting to obtain a second-parent adoption, but the availability of that procedure is unclear given the couple's same-sex status.

Barbara and Ashley Wright also live in Aberdeen. They are a same-sex couple. They met in 2012, and were lawfully married in Minnesota on September 20, 2013. They have six children from previous relationships, and Ashley gave birth to another in the fall of 2014. Their marriage is not recognized by South Dakota. When opposite-sex married couples have a child, both spouses are presumed to be the child's parents, but because Barbara and Ashley are a same-sex couple Barbara is unable to be listed on the child's birth certificate as a parent. The couple considers this unfair and demeaning. Barbara also reports that she was unable to change her driver's license to reflect her married name, which made it difficult to secure employment as a truck driver because Barbara's name on her social security card did not match the name on her driver's license.

Greg Kniffen and Mark Church live in Sioux Falls, South Dakota. They have been together as a same-sex couple for eleven years, and they were legally married in Minnesota on October 11, 2013. South Dakota does not recognize their marriage. Greg and Mark state that, in addition to the social significance of a recognized marriage, they face significantly higher inheritance tax rates if one of them dies than an inheriting opposite-sex spouse would face.

Defendants in this matter are all officials for the state of South Dakota and have all been named as defendants in their official capacities due to their roles in enforcing South Dakota's marriage laws. Dennis Daugaard is the governor of South Dakota and enforces and executes all laws of the state. Marty Jackley is the Attorney General and is the chief legal officer of the state. Doneen Hollingsworth is the Secretary of Health and oversees South Dakota's vital records registration system. Trevor Jones is the Secretary of Public Safety and oversees South Dakota's driver's license service centers. Carol Sherman is the Brown County Register of Deeds, whose duties include issuing marriage licenses.

On May 22, 2014, plaintiffs filed a complaint alleging that South Dakota's same-sex marriage ban deprives them of their constitutional rights to equal protection, due process, and travel and seeking declarative and injunctive relief. Docket 1. Defendants moved to dismiss the complaint. Docket 10. The court granted the motion to dismiss with respect to plaintiffs' right to travel claim, but denied the remainder of the motion.² Docket 38. Pending are cross motions for summary judgment on the remaining claims by plaintiffs and defendants. Docket 20; Docket 43.³

LEGAL STANDARD

Summary judgment is appropriate if the movant “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party can meet this burden by presenting evidence that there is no dispute of material fact or that the nonmoving party has not presented evidence to support an element of his case on which he bears the ultimate burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317, 322–23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “The nonmoving party may not ‘rest on mere allegations or denials, but must demonstrate on the record the existence of specific facts which create a genuine issue for trial.’ ” Mosley v. City of Northwoods, Mo., 415 F.3d 908, 910 (8th Cir.2005) (quoting Krenik v. County of Le Sueur, 47 F.3d 953, 957 (8th Cir.1995) ).

Summary judgment is precluded if there is a dispute in facts that could affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). For purposes of a summary judgment motion, the court views the facts and the inferences drawn from such facts “in the light most favorable to the party opposing the motion.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 588, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

DISCUSSION

I. Jurisdiction

Defendants contend that this court is without jurisdiction over this matter because it concerns domestic relations. Docket 41 at 11–15. “[T]he domestic relations exception ... divests the federal courts of the power to issue divorce, alimony, and child custody decrees.” Ankenbrandt v. Richards, 504 U.S. 689, 703, 112 S.Ct. 2206, 119 L.Ed.2d 468 (1992).

Defendants assert that the domestic relations exception is “[a]n exception to federal question jurisdiction[.]” Docket 41 at 12 (emphasis added). But the domestic relations exception only applies to this court's diversity jurisdiction, not its federal question jurisdiction. See Marshall v. Marshall, 547 U.S. 293,...