DISTRICT COURT, DENVER COUNTY, COLORADO

1437 Bannock Street

Denver, Colorado 80202
G. Kristian McDaniel-Miccio and Nan McDaniel-Miccio,
Sandra Abbott and Amy Smart,
Wendy Alfredsen and Michelle Alfredsen,
Kevin Bemis and Kyle Bemis,
Tommy Craig and Joshua Wells,
James Davis and Christopher Massey,
Sara Knickerbocker and Jessica Ryann Peyton,
Jodi Lupien and Kathleen Porter, and
Tracey MacDermott and Heather Shockey,

Plaintiffs,

v.

State of Colorado,
John W. Hickenlooper, Jr., in his official capacity as
Governor for the State of Colorado,
Debra Johnson, in her official capacity as Clerk and
Recorder for the City and County of Denver,

Defendants. COURT USE ONLY
JOHN W. SUTHERS, Attorney General
DANIEL D. DOMENICO, Solicitor General*
MICHAEL FRANCISCO, Assistant Solicitor General*
KATHRYN A. STARNELLA, Assistant Attorney
General*
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
Telephone: 720-508-6559; 720-508-6551; 720-508-6176
E-Mail: daniel.domenico@state.co.us;
michael.francisco@state.co.us;
kathryn.starnella@state.co.us
Registration Numbers: 32083, 39111, 43619
*Counsel of Record
Case No. 2014cv30731

Div.: 376

STATE OF COLORADO'S ANSWER

Defendant the State of Colorado, by and through its undersigned attorneys, hereby
submits the following Answer to the Complaint.


2
INTRODUCTION
1. The State of Colorado admits that Colorado law does not recognize
same-sex marriages, including marriages of same-sex couples that occurred out-of-
state. The State denies the remaining allegations in Paragraph 1 of the Complaint.

2. The statements contained in Paragraph 2 of the Complaint are legal
arguments to which no response is required. Alternatively, the State denies the
allegations contained in Paragraph 2.

3. The State does not dispute that the Unmarried Plaintiffs listed in
Paragraph 3 are unmarried same-sex couples in committed relationships who desire
to marry. The State is without sufficient information and knowledge to form an
opinion as to the truth of the remaining allegations in Paragraph 3 of the Complaint
and, therefore, denies the same.

4. To the extent that Paragraph 4 contains legal arguments, no response
is required. The State is without sufficient information and knowledge to form an
opinion as to the truth of the remaining allegations in Paragraph 4 of the Complaint
and, therefore, denies the same.

5. The State does not dispute that the Married Plaintiffs listed in
Paragraph 5 are same-sex couples who married under the laws of other states. The
remaining statements in Paragraph 5 are legal conclusions to which no response is
required. Alternatively, the State denies the remaining allegations in Paragraph 5.

6. The State does not dispute that the Married Plaintiffs are lawfully
married under the laws of other states. The State admits that Colorado law does
not recognize same-sex marriages. The remaining statements in Paragraph 6 are
legal conclusions to which no response is required. Alternatively, the State denies
the remaining allegations in Paragraph 6.

7. The State does not dispute that Plaintiffs are productive members of
society, with diverse backgrounds, educations, and professions. The State denies
that Colorado law denies Plaintiffs, other same-sex couples, and their children the
basic rights, privileges, and protections of marriage. The State is without sufficient
information and knowledge to form an opinion as to the truth of the remaining
allegations in Paragraph 7 of the Complaint and, therefore, denies the same.


3
8. The constitutional provision quoted in Paragraph 8 speaks for itself.
The State admits that same-sex marriages are not recognized under Article II,
Section 31 of Colorados Constitution.

9. The State is without sufficient information and knowledge to form an
opinion as to the truth of the allegations in Paragraph 9 of the Complaint and,
therefore, denies the same.

10. To the extent that Paragraph 10 contains legal arguments, no response
is required. The State admits that Colorado law does not recognize same-sex
marriages. The State is without sufficient information and knowledge to form an
opinion as to the truth of the remaining allegations in Paragraph 10 of the
Complaint and, therefore, denies the same.

11. To the extent that Paragraph 11 contains legal arguments, no response
is required. The State is without sufficient information and knowledge to form an
opinion as to the truth of the remaining allegations in Paragraph 11 of the
Complaint and, therefore, denies the same.

12-13. Paragraphs 12 and 13 do not contain any factual allegations about the
States conduct with respect to Plaintiffs or about any of the Plaintiffs and,
therefore, no response is required.

14. To the extent that Paragraph 14 contains legal arguments, no response
is required. The State admits that various state laws have some sort of regulatory
impact on marriages. The remaining statements do not contain any factual
allegations about the States conduct with respect to Plaintiffs or about any of the
Plaintiffs and, therefore, no response is required. Alternatively, the State is
without sufficient information and knowledge to form an opinion as to the truth of
the remaining allegations in Paragraph 14 of the Complaint and, therefore, denies
the same.

15. Paragraph 15 does not contain any factual allegations about the
States conduct with respect to Plaintiffs or about any of the Plaintiffs and,
therefore, no response is required. Alternatively, the claims of relief asserted in the
Complaint speak for themselves.


4
PARTIES
16-20. The State does not dispute that the Unmarried Plaintiffs desire to
marry and are unmarried, same-sex couples in committed relationships. The State
also does not dispute that on February 14, or February 18, 2014, the Unmarried
Plaintiffs appeared at the Denver City and County Clerks Office to apply for a
marriage license. The State also does not dispute that the Denver City and County
Clerks authorized deputy denied the marriage license applications because the
applicants are same-sex couples. The State also does not dispute that the following
couples are raising children: Wendy and Michelle Alfredsen; and Jodi Lupien and
Kathleen Porter. The State also does not dispute that Christopher Massey and
James Davis are awaiting the birth of their first child in July, 2014. The State is
without sufficient information and knowledge to form an opinion as to the truth of
the remaining allegations in Paragraphs 16-20 of the Complaint and, therefore,
denies the same.

21-24. The State does not dispute that the Married Plaintiffs are same-sex
couples who wed in other states and are legally married under those states laws.
The State also does not dispute that the following couples are raising children: Amy
Smart and Sandra Abbott; and Sara Knickerbocker and Ryann Peyton. The State is
without sufficient information and knowledge to form an opinion as to the truth of
the remaining allegations in Paragraphs 21-24 of the Complaint and, therefore,
denies the same.

25. The State admits the allegations in Paragraph 25 of the Complaint.

26. The State admits the allegations of Paragraph 26 of the Complaint.

27. The State admits the allegations of Paragraph 27 of the Complaint.

28. The State admits that Defendants Hickenlooper and Johnson are
responsible for upholding Colorados laws. The State denies that Plaintiffs are
entitled to the requested relief. The State denies the remaining allegations in
Paragraph 28.

JURISDICTION AND VENUE
29. The State denies that Plaintiffs constitutional rights have been
violated. The State admits the remaining allegations contained in Paragraph 29.

30-33. The State admits the allegations contained in Paragraphs 30-33.

5

GENERAL ALLEGATIONS
34-47. Paragraphs 34-47 contain immaterial statements about historical
discrimination against homosexuals throughout this country, since at least the
1920s, and none of these paragraphs contain any factual allegations about the
States conduct with respect to Plaintiffs or about any of the Plaintiffs and,
therefore, no response is required.

48. The State denies the allegations contained in Paragraph 48.

49. The State admits that its practice of recognizing out-of-state marriages
between one male and one female was codified in C.R.S. 14-2-112.

50. The State admits that in 2000, section 14-2-1-4, C.R.S., was amended
to clarify that a valid marriage is between one man and one woman.

51. The State admits that in 2006, Colorado amended its constitution to
clarify that a valid marriage is between one man and one woman.

52. The State admits the allegations in Paragraph 52.

53. The language contained in the Colorado Legislative Councils 2006
Blue Book speaks for itself and, therefore, no response is required. Alternatively,
the State admits in part the allegations contained in Paragraph 53. To the extent
that Paragraph 53 implies that voters received only the information identified in
Paragraph 53, those allegations are denied.

54-55. The State is without sufficient information and knowledge to form an
opinion as to the truth of the allegations in Paragraphs 54 and 55 of the Complaint
and, therefore, denies the same.

56a-d. The State admits that no Colorado laws require that, as a pre-requisite
to obtaining a marriage license, opposite-sex couples must: (a) comply with any
particular public or private moral code; (b) comply with an particular religious
views of marriage; (c) be able, willing and/or agree to procreate; (d) be able, willing
and/or agree to raise any children in any particular manner or optimal
environment, including by agreeing not to divorce or otherwise separate after
having children; or (e) comply with any particular fidelity requirements.


6
57. The State is without sufficient information and knowledge to form an
opinion as to the truth of the allegations in Paragraph 57 of the Complaint and,
therefore, denies the same.

58-60. The State admits the allegations in Paragraphs 58-60 of the
Complaint.

61. The State admits that the Civil Union Act and other Colorado laws
afford same-sex couples the same parenting and adoption rights as married
heterosexual couples. The statutory citations contained in Paragraph 61 speak for
themselves and, therefore, nor response is required. The State denies that C.R.S.
25-2-112 stands for the cited proposition. The State denies the remaining
allegations in Paragraph 61.

62. The State admits that, in Colorado, same-sex couples may enter into a
civil union, not a marriage. The State denies the remaining allegations in
Paragraph 62.

63. The State admits the allegations in Paragraph 63 of the Complaint.

64. The legislative purposes for the Civil Union Act speak for themselves
and, therefore, no response is required to the allegations in Paragraph 64 of the
Complaint. The State is without sufficient information and knowledge to form an
opinion as to the truth of the allegations concerning whether the legislative
purposes for the Civil Union Act have been achieved and, therefore, denies the
same.

65. The allegations contained in Paragraph 65 and its subparts (a)-(d) are
legal conclusions and, therefore, no response is required. Alternatively, the State is
without sufficient information and knowledge to form an opinion as to the truth of
the allegations in Paragraph 65 and its subparts (a)-(d) and, therefore, denies the
same.

66. The State denies the allegations in Paragraph 66 of the Complaint.

67-68. The State is without sufficient information and knowledge to form an
opinion as to the truth of the allegations in Paragraphs 67 and 68 of the Complaint
and, therefore, denies the same.

69. The State denies the allegations in Paragraph 69 of the Complaint.

7
70. The State is without sufficient information and knowledge as to the
truth of the allegation in Paragraph 70 that Defendant Johnson believes the at-
issue laws are unconstitutional and, therefore, denies the same. The State admits
the remaining allegations in Paragraph 70.

71. The State admits that Colorado recognizes the Married Plaintiffs out-
of-state marriages as civil unions. The State is without sufficient information and
knowledge as to the truth of the remaining allegations in Paragraph 71 and,
therefore, denies the same.

72. That State denies that its laws deprive same-sex couples, including
Plaintiffs, rights under federal law. The State admits that Colorado does not
recognize same-sex marriages performed out-of-state. The State is without
sufficient information and knowledge as to the truth of the remaining allegations in
Paragraph 72 and all its subparts and, therefore, denies the same.

73. The allegations in Paragraph 73 do not concern the States laws or the
States conduct and, therefore, no response is required. Alternatively, the State is
without sufficient information and knowledge as to the truth of the allegations in
Paragraph 73 and, therefore, denies the same.

74. The State does not dispute that four of the plaintiff couples are raising
children together and that one couple is awaiting the birth of their first child. The
State is without sufficient information and knowledge as to the truth of the
remaining allegations in Paragraph 74 and, therefore, denies the same.

75. The State is without sufficient information and knowledge as to the
truth of the allegations in Paragraph 75 and, therefore, denies the same.

76. The State denies that Colorado law violates Plaintiffs rights to due
process and equal protection under the law. The State denies the remaining
allegations in Paragraph 76 of the Complaint.

77. The State is without sufficient knowledge and information as to the
truth of the allegations in Paragraph 77 of the Complaint and, therefore, denies the
same.


8
CLAIMS FOR RELIEF
First Claim for Relief: Colorados Ban on Marriage by Same-Sex Couples
Deprives the Unmarried Plaintiffs of their Rights to Due Process
78. Defendants incorporate by reference their responses set forth in
Paragraphs 1-77, above.

79. Paragraph 79 does not contain any factual allegations and, therefore,
no response is required.

80. The State admits the allegations contained in Paragraph 80.

81. Paragraph 81 contains legal conclusions and, therefore, no response is
required. Alternatively, the allegations in Paragraph 81 are denied.

82. The State denies that Colorados laws deprive Plaintiffs of their due
process rights. The remaining allegations in Paragraph 82 are legal conclusions to
which no response is required.

83-87. The allegations in Paragraphs 83-87 are legal conclusions to which no
response is required. Alternatively, to the extent that these Paragraphs allege that
Plaintiffs constitutional rights have been violated, those allegations are denied.
Second Claim for Relief: Colorados Failure to Recognize the Marriages of
the Married Plaintiffs Violates Their Right to Due Process
88. Defendants incorporate by reference their responses set forth in
Paragraphs 1-87, above.

89. Paragraph 89 does not contain any factual allegations and, therefore,
no response is required.

90. The State admits the allegations contained in Paragraph 90.

91-93. The State does not dispute that the Married Plaintiffs are married.
The State is without sufficient knowledge and information as to the truth of the
remaining allegations in Paragraphs 91-93 of the Complaint and, therefore, denies
the same.

94. The State admits the allegations contained in Paragraph 94.

9
95-103. The allegations in Paragraphs 95-103 are legal conclusions to
which no response is required. Alternatively, to the extent that these Paragraphs
allege that Plaintiffs constitutional rights have been violated, those allegations are
denied.

104-105. The State denies the allegations in Paragraphs 104-105 of the
Complaint.
Third Claim for Relief: Colorados Ban on Marriage by Same-Sex Couples
Deprives the Unmarried Plaintiffs of their Rights to Equal Protection of
the Laws
106. Defendants incorporate by reference their responses set forth in
Paragraphs 1-105, above.

107. Paragraph 107 does not contain any factual allegations and, therefore,
no response is required.

108. The State admits the allegations contained in Paragraph 108.

109-111. The allegations in Paragraphs 109-111 are legal conclusions to
which no response is required. Alternatively, to the extent that these Paragraphs
allege that Plaintiffs constitutional rights have been violated, those allegations are
denied.

112. The allegations in Paragraph 112 are legal conclusions to which no
response is required. Alternatively, to the extent that this Paragraph alleges that
Plaintiffs constitutional rights have been violated, those allegations are denied.
The State is without sufficient information and knowledge as to the truth of the
remaining allegations in Paragraph 112 and, therefore, denies the same.

113-114. The State is without sufficient information and knowledge as to
the truth of the allegations in Paragraphs 113 and 114 and, therefore, denies the
same.

115. The State denies the allegations contained in Paragraph 115.

116. Paragraph 116 contains legal argument to which no response is
required. Alternatively, the State denies the allegations contained in Paragraph
116.


10
117. The State admits that homosexuals, like many other groups and
individuals, have been discriminated against in society. The State also admits that,
generally speaking, sexual orientation bears no relation to an individuals ability to
perform in or contribute to society. The State is without sufficient information and
knowledge as to the truth of the remaining allegations in Paragraph 117 and,
therefore, denies the same.

118. The State is without sufficient information and knowledge as to the
truth of the allegations in Paragraph 118 and, therefore, denies the same.

119. The allegations in Paragraph 119 are legal conclusions to which no
response is required. Alternatively, to the extent that this Paragraph alleges that
Plaintiffs constitutional rights have been violated, those allegations are denied.

120. The State denies the allegations contained in Paragraph 120.

121. The State admits that, under Colorado law, a valid marriage is a union
of one man and one woman. The State denies the remaining allegations contained
in Paragraph 121.

122-123. The State denies the allegations contained in Paragraphs 122
and 123.

124. Paragraph 124 contains legal argument to which no response is
required. Alternatively, the State denies the allegations contained in Paragraph
124.

125. The allegations in Paragraph 125 are legal conclusions to which no
response is required. Alternatively, to the extent that this Paragraph alleges that
Plaintiffs constitutional rights have been violated, those allegations are denied.

Fourth Claim for Relief: Colorados Failure to Recognize the Marriages of
the Plaintiffs Who are Lawfully Married in Other States Violates Their
Rights to Equal Protection of the Laws
126. Defendants incorporate by reference their responses set forth in
Paragraphs 1-125, above.

127. Paragraph 127 does not contain any factual allegations and, therefore,
no response is required.


11
128. The State admits the allegations contained in Paragraph 128 of the
Complaint.

129. The State denies the allegations contained in Paragraph 129.

130-131. The allegations in Paragraphs 130 and 131 are legal conclusions
to which no response is required. Alternatively, to the extent that these Paragraphs
allege that Plaintiffs constitutional rights have been violated, those allegations are
denied.

132. Paragraph 132 contains legal argument to which no response is
required.

133-135. The allegations in Paragraphs 133-135 are legal conclusions to
which no response is required. Alternatively, to the extent that these Paragraphs
allege that Plaintiffs constitutional rights have been violated, those allegations are
denied.
Fifth Claim for Relief: Declaratory and Injunctive Relief
136. Defendants incorporate by reference their responses set forth in
Paragraphs 1-135, above.

137. The allegations in Paragraph 137 are legal conclusions to which no
response is required. Alternatively, to the extent that this Paragraph alleges that
Plaintiffs constitutional rights have been violated, those allegations are denied.

138-140. Paragraphs 138-140 do not contain any factual allegations and,
therefore, no response is required. Alternatively, the State denies that Plaintiffs
are entitled to declaratory or injunctive relief.
PRAYER FOR RELIEF
1-7. Defendants deny that Plaintiffs are entitled to any of the relief
requested in the Complaint.

Affirmative Defenses
First Affirmative Defense
The Complaint fails to state a claim upon which relief can be granted.


12
Second Affirmative Defense

Any asserted deprivations of federal rights and responsibilities are the result
of federal laws, not Colorados laws.

Third Affirmative Defense

Colorados Civil Union Act provides same-sex couples, including same-sex
couples who were married out-of-state, the opportunity to obtain the benefits,
protections, and responsibilities afforded by Colorado law to opposite-sex married
couples.

Fourth Affirmative Defense

The challenged state laws are the product of the will of the people of Colorado
and are related to the achievement of important governmental objectives.

Other Affirmative Defenses

Defendant the State of Colorado does not waive any additional affirmative
defenses and reserves the right to amend its Answer to include such affirmative
defenses as may be supported by the evidence, as well as parties or non-parties as
allowed by law.
WHEREFORE, having fully answered Plaintiffs Complaint, Defendant, the
State of Colorado, respectfully requests that judgment be entered in its favor and
against Plaintiffs, that Defendant be awarded its attorney fees and costs incurred in
defending this suit, and that it be awarded other and further relief as this Court
deems just and equitable.
Respectfully submitted this 2nd day of April, 2014.



13

JOHN W. SUTHERS
Attorney General


/s/Kathryn A. Starnella
DANIEL D. DOMENICO, 32083*
Solicitor General
MICHAEL FRANCISCO, 39111*
Assistant Solicitor General
KATHRYN A. STARNELLA, 43619*
Assistant Attorney General
Attorneys for the State of Colorado
*Counsel of Record


14
CERTIFICATE OF SERVICE

I hereby certify that on April 2, 2014, I electronically filed the foregoing State
of Colorados Answer with the Integrated Colorado Courts E-Filing System
(ICCES), which will send notification of such filing to the following:

Party Counsel of Record Counsels Email Address
Plaintiffs
John M. McHugh
Amy R. Gray
Michael Kotlarczyk
Tess Hand-Bender
Jason M. Lynch
jmchugh@rplaw.com
agray@rplaw.com
mkotlarczyk@rplaw.com
thandbender@rplaw.com
jlynch@rplaw.com
Plaintiffs Marcus Lock mlock@lawoftherockies.com
Plaintiffs Ann Gushurst ann@ggfamilylaw.com
Defendant
John W.
Hickenlooper
Jack Finlaw and
Ben Figa
jack.finlaw@state.co.us
ben.figa@state.co.us
Defendant
Debra
Johnson
Wendy J. Shea
Victoria Ortega
Jessica Allen
Wendy.Shea@denvergov.org
Victoria.Ortega@denvergov.org
Jessica.Allen@denvergov.org

/s/ Kathryn Starnella
Kathryn A. Starnella