IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

RITA and PAM JERNIGAN and BECCA
and TARA AUSTIN

PLAINTIFFS
v. NO. 4:13-CV-410 KGB


LARRY CRANE, In His Official Capacity As
Circuit And County Clerk For Pulaski
County, Arkansas And His Successors In
Interest; RICHARD WEISS, In His Official
Capacity As Director of the Arkansas
Department of Finance and Administration
And His Successors in Interest; GEORGE
HOPKINS, In His Official Capacity as
Executive Director of the Arkansas Teacher
Retirement System And His Successors In
Interest; and DUSTIN MCDANIEL, In His
Official Capacity As Attorney General For
The State Of Arkansas and His Successors in
Interest
DEFENDANTS

SEPARATE DEFENDANTS RESPONSE TO PLAINTIFFS
STATEMENT OF UNDISPUTED MATERIAL FACTS

Come Separate Defendants, Richard Weiss, George Hopkins, and Dustin McDaniel, and
their respective Successors in Interest, all in their official capacities, by and through their
Counsel, and for their Response to Plaintiffs Statement of Undisputed Material Facts, state the
following:
1. Separate Defendants maintain that Paragraph 1 of Plaintiffs Statement of
Undisputed Material Facts contains no factual allegations which require a response. However to
the extent said Paragraph is construed to require a response, Separate Defendants deny same.
2a. Separate Defendants maintain that Paragraph 2a of Plaintiffs Statement of
Undisputed Material Facts contains conclusions of law and fails to state any factual allegations
Case 4:13-cv-00410-KGB Document 29 Filed 07/30/14 Page 1 of 3

2

which require a response. However, subject to and without waiving Separate Defendants
construction of said Paragraph, Separate Defendants admit that Amendment 83 to the Arkansas
Constitution and Arkansass marriage statutes prohibit same-sex marriage.
2b. Separate Defendants maintain that Paragraph 2a of Plaintiffs Statement of
Undisputed Material Facts contains conclusions of law and fails to state any factual allegations
which require a response. However, subject to and without waiving Separate Defendants
construction of said Paragraph, Separate Defendants admit that Amendment 83 to the Arkansas
Constitution and Arkansass marriage statutes prohibit recognition of same-sex marriages validly
entered into in other states.
2c. Separate Defendants admit the allegations contained in Paragraph 2c of Plaintiffs
Statement of Undisputed Material Facts.
2d. With respect to the allegations contained in Paragraph 2d of Plaintiffs Statement
of Undisputed Material Facts, Separate Defendants are without sufficient knowledge to admit or
deny whether Rita and Pam Jernigan were married in Iowa, and therefore deny same. Separate
Defendants maintain that the remainder of Paragraph 2d of Plaintiffs Statement of Undisputed
Material Facts contains conclusions of law and fails to state any factual allegations which require
a response. However, subject to and without waiving Separate Defendants construction of said
Paragraph, Separate Defendants admit that Amendment 83 to the Arkansas Constitution and
Arkansass marriage statutes prohibit recognition of same-sex marriages validly entered into in
other states.
3. With respect to the allegations contained in Paragraph 3 of Plaintiffs Statement
of Undisputed Material Facts, Separate Defendants admit that a ruling on Plaintiffs Motion for
Case 4:13-cv-00410-KGB Document 29 Filed 07/30/14 Page 2 of 3

3

Summary Judgment involves a purely legal analysis. Separate Defendants deny that Plaintiffs
are entitled to judgment as a matter of law.
WHEREFORE, the State prays that Plaintiffs Motion for Summary Judgment be
denied, and for all other just and appropriate relief.
Respectfully Submitted,
RICHARD WEISS, In His Official Capacity
And His Successors in Interest; GEORGE
HOPKINS, In His Official Capacity And
His Successors In Interest; and DUSTIN
MCDANIEL, In His Official Capacity and
His Successors in Interest
By: /s/ Nga Mahfouz
Nga Mahfouz AR Bar No. 96149
Assistant Attorney General
323 Center Street, Suite 200
Little Rock, Arkansas 72201
Telephone: (501) 682-5311
Facsimile: (501) 682-2591
E-mail: nga.mahfouz@arkansasag.gov

Attorney for Director Richard Weiss and
Executive Director George Hopkins



CERTIFICATE OF SERVICE

I, Nga Mahfouz, Assistant Attorney General, do hereby certify that on July 30, 2014, I
electronically filed the forgoing with the Clerk of the Court using the CM/ECF system.


/s/ Nga Mahfouz
Nga Mahfouz AR Bar No. 96149

Case 4:13-cv-00410-KGB Document 29 Filed 07/30/14 Page 3 of 3