Case 1:13-cv-01861-JEJ Document 113 Filed 04/21/14 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WHITEWOOD, et al., Plaintiffs, v. WOLF, et al., Defendants. Civil Action No. 13-1861-JEJ

PLAINTIFFS MOTION FOR SUMMARY JUDGMENT Plaintiffs move, pursuant to Federal Rule of Civil Procedure 56 and Local Rule of Civil Procedure 56.1, for summary judgment on all counts of their First Amended Complaint. They incorporate by reference their supporting Brief, their Statement of Uncontested Material Facts, and the exhibits thereto. Plaintiffs in this action are eleven lesbian and gay couples, one widow, and two teenage children of one of the Plaintiff couples. They challenge the constitutionality of Pennsylvanias laws, including 23 Pa. C.S. 1102 and 1704, excluding same-sex couples from marriage and voiding within Pennsylvania the marriages of same-sex couples entered into in other states. Because there is no genuine dispute as to any material fact and because denying same-sex couples the ability to marry and treating as void their existing marriages violate both the Due Process and Equal Protection Clauses of the

Fourteenth Amendment to the United States Constitution, Plaintiffs Motion should be granted. A proposed order is attached. Dated: April 21, 2014 HANGLEY ARONCHICK SEGAL PUDLIN & SCHILLER By: /s/ Mark A. Aronchick Mark A. Aronchick John S. Stapleton Dylan J. Steinberg Rebecca S. Melley One Logan Square, 27th Floor Philadelphia, PA 19103 (215) 568-6200 Helen E. Casale 401 DeKalb Street, 4th Floor Norristown, PA 19401 (610) 313-1670

ACLU FOUNDATION OF PENNSYLVANIA By: /s/ Witold J. Walczak Witold J. Walczak 313 Atwood Street Pittsburgh, PA 15213 (412) 681-7736 Mary Catherine Roper Molly Tack-Hooper P.O. Box 40008 Philadelphia, PA 19106 (215) 592-1513

James D. Esseks Leslie Cooper AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 18th Floor New York, NY 10004 (212) 549-2500

Seth F. Kreimer 3400 Chestnut St. Philadelphia, Pa. 19104 (215) 898-7447 Counsel for Plaintiffs

CERTIFICATE OF NON-CONCURRENCE I, Mark Aronchick, hereby certify that Defendants Michael Wolf and Dan Meuser do not concur in Plaintiffs Motion for Summary Judgment. In accordance with the Stipulation Limiting Further Participation of Defendant Donald Petrille, Jr. (Dkt. 102, 105), Plaintiffs have not sought the concurrence of Defendant Petrille.

Dated: April 21, 2014

/s/ Mark A. Aronchick Mark A. Aronchick

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of April, 2014, that I caused the foregoing Plaintiffs Motion for Summary Judgment to be filed electronically using the Courts electronic filing system, and that the filing is available to counsel for all parties for downloading and viewing from the electronic filing system. On the same date, a copy of the foregoing Motion was also served via Federal Express on the following: William H. Lamb Joel L. Frank LAMB MCERLANE PC 24 East Market Street West Chester, PA 19380 (610) 430-8000 Counsel for Defendants Wolf and Meuser

/s/ Mark A. Aronchick Mark A. Aronchick

Case 1:13-cv-01861-JEJ Document 113-1 Filed 04/21/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WHITEWOOD, et al., Plaintiffs, Civil Action v. No. 13-1861-JEJ WOLF, et al., Defendants.

ORDER AND NOW, this ____ day of ________________, 2014, upon consideration of Plaintiffs Motion for Summary Judgment, supporting Brief, Statement of Uncontested Material Facts, and the exhibits thereto, and any opposition filed by Defendants, it is hereby ORDERED that Plaintiffs Motion is GRANTED and judgment is entered in favor of Plaintiffs on all counts of their First Amended Complaint. Accordingly: It is hereby DECLARED that Pennsylvania law prohibiting same-sex couples from marrying and treating as void the marriages of same-sex couples validly entered into in other jurisdictions, including 23 Pa. C.S. 1102 and 1704, violates the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. It is further ORDERED that Defendants are enjoined from enforcing Pennsylvania law prohibiting same-sex couples from marrying and treating as void

Case 1:13-cv-01861-JEJ Document 113-1 Filed 04/21/14 Page 2 of 2

the marriages of same-sex couples validly entered into in other jurisdictions, including 23 Pa. C.S. 1102 and 1704, or from otherwise denying same-sex couples the ability to marry or treating as void their existing marriages. BY THE COURT:

Jones, J.