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No.

14-50196
_________________________________________
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________________________________
CLEOPATRA DE LEON; NICOLE DIMETMAN; VICTOR HOLMES;
MARK PHARISS,

PLAINTIFFS-APPELLEES;
v.
RICK PERRY, in His Official Capacity as Governor of the
State of Texas; GREG ABBOTT, in His Official Capacity as
Texas Attorney General; DAVID LAKEY, in His Official
Capacity as Commissioner of the Department of State
Health Services,

DEFENDANTS-APPELLANTS.
____________________________________________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION, CASE NO.
5:13-CV-982
___________________________________________

BRIEF OF AMICUS CURIAE B.N. KLEIN SUPPORTING DEFENDANTS-
APPELLANTS AND SUPPORTING REVERSAL
___________________________________________

David Boyle
P.O. Box 15143
Long Beach, CA 90815
(734) 904-6132
dbo@boyleslaw.org
Counsel for Amicus Curiae B.N. Klein
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CERTIFICATE OF INTERESTED PERSONS
Case 14-50196, Civil
Pursuant to Fifth Circuit Rule 28.2.1, the undersigned counsel of record
certifies that the following listed persons and entities as described in the fourth
sentence of Rule 28.2.1 have an interest in the outcome of this case. These
representations are made in order that the judges of this court may evaluate
possible disqualification or recusal.
APPELLANTS:
Rick Perry, in his official capacity as Governor of the State of Texas.
Greg Abbott, in his official capacity as Texas Attorney General.
David Lakey, in his official capacity as Commissioner of the Texas Department of
State Health Services.
(APPELLANTS ATTORNEYS:
Jonathan F. Mitchell, Solicitor General
Kyle D. Highful
Beth Ellen Klusmann
Michael P. Murphy
OFFICE OF THE ATTORNEY GENERAL)
APPELLEES:
Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss.
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(APPELLEES ATTORNEYS:
Barry Alan Chasnoff
Jessica M. Weisel
Michael P. Cooley
Daniel McNeel Lane, Jr.
Andrew Forest Newman
Matthew Edwin Pepping
AKIN GUMP STRAUSS HAUER & FELD, LLP)

This list does not include the various amici in the case, especially since they are
not parties or parties attorneys, and the list of amici is growing. However, if
wished, a list can be supplied.

Amicus Curiae B.N. Klein is an individual who has no parent corporation, or
any publicly held corporation that owns 10% or more of stock of that nonexistent
parent corporation.
s/David Boyle
Attorney of record for Amicus
Curiae B.N. Klein


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TABLE OF CONTENTS
CERTIFICATE OF INTERESTED PERSONS.i
TABLE OF AUTHORITIES....iv
STATEMENT OF INTEREST OF AMICUS CURIAE...........1
ARGUMENT. ...1
I. My Story............................................................................................................1
II. An Uncensored Profile of the Gay Community and Its Children......11
(ANTECONCLUSION)......17
CONCLUSION...18
CERTIFICATE OF SERVICE20

CERTIFICATE OF ELECTRONIC COMPLIANCE 21
FORM 6. CERTIFICATE OF COMPLIANCE WITH RULE 32(a)..22








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TABLE OF AUTHORITIES
CASES
De Leon v. Perry, No. 14-50196 (No. 5:13-cv-982, 975 F. Supp. 2d 632 (W.D.
Tex. Feb. 12, 2014))...1
United States v. Windsor, 133 S. Ct. 2675 (2013)...17

RULES
Fed. R. App. P. 29...1 n.1

OTHER AUTHORITIES
The Advocate...12
English Manif, http://englishmanif.blogspot.com/..........................................1 & n.2
The Killing of Sister George (directed/produced by Robert Aldrich (Cinerama
Releasing Corporation 1968); based on the 1964 novel by Frank Marcus)..5
Alma Routsong, writing as Isabel Miller, Patience and Sarah (1969).5
Michael Walsh, Australian pair in L.A. convicted for making child porn with
adopted son from Russia, N.Y. Daily News, June 29, 2013, 12:48 p.m.,
http://www.nydailynews.com/news/crime/2-convicted-adopted-son-porn-article-
1.1385895......................................................................................................17 & n.3

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STATEMENT OF INTEREST OF AMICUS CURIAE
I, B.N. Klein,
1
who have written under the pen name Rivka Edelman, am
writing this amicus brief in support of Defendants-Appellants, Rick Perry, Greg
Abbott, and David Lakey, in De Leon v. Perry, No. 14-50196 (No. 5:13-cv-982,
975 F. Supp. 2d 632 (W.D. Tex. Feb. 12, 2014)), to ask that Texas respect the
definition of marriage as one woman and one man.
My interest in the case is based on the experience of my childhood with a
lesbian mother, her partners, and in the gay community in New York State in the
1970s and 80s; also, I am basing this on my work as a professor and writer
collaborating on various archival work to record the testimonials of other children
raised in unusual family structures. I have worked with Robert Oscar Lopez on his
archiving project at the blog English Manif.
2
I am also co-writing a book with him
on the impact of what we call a modern secular ideology of child sacrifice -- the
use of children as sacrificial objects to please adult agendas.
ARGUMENT
I. MY STORY

1
I wrote the vast majority of this brief without help from any other party or its
counsel, though my own counsel gave editing, formatting, or other help at the end;
and no party or its counsel gave money to its writing or submission, see Fed. R.
App. P. 29. All parties have filed blanket permission with the Court for amicae/i to
write briefs.
2
http://englishmanif.blogspot.com/.
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I grew up with a parent and her partner in an atmosphere in which gay
ideology was used as a tool of repression, retribution and abuse. I lived with gay
abuse for years. I have seen that children in gay households often become props to
be publically displayed to prove that gay families are just like heterosexual ones.
My younger brother served this purpose. When he was in elementary school my
mother signed him up with an experimental open classroom and his progressive-
minded teacher came for afternoon visits on the weekend.
He played lacrosse on his high school team and presented well in public. I
was asked to put on a defensive show for my mother and her partner even if they
had not been criticizedI was supposed to step up first and say something like
you cant speak to my parents like that.
I was told that some Jews and most Christians were stupid and hated gays
and were violent. I was told that gays were much more creative and artistic because
they were not sexually repressed and were naturally more feeling. Needless to
say, that was not my experience. But the time I was 11, I also found that the gay
community had an obsessive unhealthy invasive preoccupation with their
childrens sexuality. They in fact encouraged sexual activitybecause they were
open.
My mother told me often that being a virgin was for the stupid. Having
parents and the adults around you encouraging and pushing sexual activity is not
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being open. It is being abusive and controlling and showing that they indeed see a
child as merely an extension of themselves and not as a separate human being.
Much of the gay community I knew was based on two thingssex and hate.
I knew about the edgy lesbian BMSD clubs at age 13 although I really did not
completely grasp what they were about. For a long time I expected studies to be
done. I kept in touch with some of the others that grew up there and we waited to
be asked. We were going to tell what it was like back there in that place. Nobody
ever asked us. Recently, I spoke to a man who grew up there and I heard his
mother had died and I wrote him a note and said I was sorry; she was a nice lady.
He wrote me back and said, Nice is not what she was but that is all blood under
the bridge. I knew what he meant.

I will state clearly I was not against same-sex civil marriage. I realize that
people do not, nor should they, all share the same belief system. My position has
changed and that saddens me because I never wanted to see myself as the kind of
person that would say anything against people in the gay community. I hoped that
SSM (same-sex marriage) would not carry with it the demand for children. I
took it at face value and assumed it was to provide the same financial and other
legal rights to adults as opposite-sex marriage did.
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When I was growing up only a tiny percentage of the people in the
community had children, often the unsightly remnants of their parents former
marriages. Children in the lesbian section of the gay community were seen as the
result of male oppression or later as proof that women dont need men and
everything is even Steven. Well, it isnt.
After my parents divorced I grew up in a lesbian household in the 1970s in
a suburb of New York City. While they were still married my mother had two
lesbian lovers. The first one, J, lived in the family home and treated me well.
After J left my mother was involved with Dr. B, who disliked me but tried to
keep her feelings in check, not always successfully.
These women asserted adult power over me as if they were a parent. I
realized by age five that they were not a parent. When I was 14 my mother moved
in with the woman that would be her partner until she died. They lived in a nearby
suburb of New York. The house belonged to the partner and was in a constant
state of disrepair. There was a hole in the floor upstairs that looked down into the
kitchen. Neither my mother nor her partner worked although they were active in
Gay Liberation causes and this was very important work. The partner drank an
entire bottle of alcohol a night. My mother did not drink as she was more
progressive and preferred whatever drug was in style. Drugs were plentiful in the
gay community and no stigma was attached to them and they were taken openly.
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Meals were infrequent and when they were made they were either burnt or
raw. I weighed 80 lbs. at age 16. But perhaps the hardest aspect was the fact that I
had to pay constant homage and attention to their gayness. I had to read Patience
and Sarah (by Alma Routsong, writing as Isabel Miller (1969)), I had to view The
Killing of Sister George (directed/produced by Robert Aldrich (Cinerama
Releasing Corporation 1968); based on the 1964 novel by Frank Marcus).
Conversely, I never went to a school dance, I never had a party, and because the
house was dirty I was ashamed to bring any friends over. If I had a friend who
came by to pick me up, both my mother and her partner would fish for
opportunities to show them how narrow-minded and provincial they were. Gay
was the intellectual avant-garde elite and only the most trite-minded bigot would
judge people. The fact is that their gayness dictated everything, who their friends
were, what they read, where they went on short vacations. We were completely
seeped in a culture that held the dominant heterosexual culture of marriage and
children in utter contempt.
They hated any religious person: most Jews (which I was) and every
Christian. They hated people that had office jobs for corporations, and they hated
women that were on the PTA or drove to car pool or volunteered at the school
book sale. The hated Daughters of the American Revolution, and the Junior
League. They hated anything and everyone heterosexual because they were gay
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and thus superior in intelligence, in taste, in open-minded outlooks. This was not
overcompensation for being marginalized; this was exactly how they felt about
other people. It was an obsession shared with many of their friends and
acquaintances.
Every waitress was told to please get some more water for my lover.
Every clerk was told we are together, in purposeful condescending and abusive
ways reserved for those who work hard for very little pay. Every person that ever
waited on them, fixed their car, or delivered a package to the door had to be
informed that they were gay. This was done in somewhat sophisticated and
nuanced ways but the end game was to trap the other person into tipping their hand
and revealing their bigotry. Then they would either berate the person or ask to
speak with a manager. I would stand nearby feeling embarrassed and sad for the
person. It sometimes turned out that the person was a classmates mother or
brother. And that would make my life in school even more difficult.
As a child and a teenager, this was not only scary and embarrassing; it was
crippling. I was supposed to hate everyone based on what they thought of my
mother and her partner. Peoples accomplishments did not matter, their personal
struggles did not matter, and their own histories were of no consequence. The only
thing that mattered was what they thought of gays. This created in me a kind of
arrogance and tunnel vision that no child or young person should have because it is
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narrow-minded and mean-spirited. It does not see people as complex or generous
or kind. The second problem is that it does not help anyone to get along in the
world when they are taught to hold 99.9% in contempt.
At the same time I was given the message that if I did not agree (which I did
not), I was stupid and damned to a life of punishing hostility from my mother and
her partner. They did this with the encouragement of all their gay friends in the
community and they were like a cheering squad. I was only allowed out of my
room to go to school. This could go on for weeks.
My life with my lesbian mother and her partner did not get easier as I got
older. When I was in 9
th
grade I was in an accident and sustained a compound
spiral fracture of my right tibia and fibia. I was in the hospital several weeks,
almost always alone. My mother did not like the looks that the nurses gave her.
Being left alone was better than having to deal with my mothers partner who felt I
milking it for more attention. The leg never healed and infection set in and 10
months later when the cast came off I could hardly walk.
My leg was very deformed, bent with a large bulge. I was in constant and
severe pain. I could not even walk across the kitchen without crying from the pain.
I complained from June until the following September and finally I was taken to
the doctor. I was in told on the way that he was going to confirm I was just being a
baby and milking it An X-ray showed that the bones had not fused correctly and
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there was extensive damage. I had several surgeries all alone, and I still limp. They
took the cat to the vet more often than I saw a doctor. Now we could say they were
irresponsible but every other adult that passed through the house agreed with
themI was pretending it hurt for attention. I just wanted attention.
Finally someone called Child Protective Services and I was lucky enough to
be put in the home of Eileen and Daniel M. a couple of towns over. This is where I
really first saw how heterosexual couples behaved. I saw teachers; they stood or sat
in front of the class. I saw mothers pick up their children after school. They were
behind the wheel. I also saw people walking in public. But I had never seen or
could even fathom how families operated. It had all been presented to me as
something on a much lower level than what the gay community was striving for. I
had no idea what the daily interaction between a husband and wife looked like. I
had no idea how two heterosexuals behaved toward their children as mother and
father.
Because of my surgeries and my family situation I never finished high
school. I was given no encouragement, and no help to catch up on what I missed.
Along a similar line neither my mother nor her partner would teach me to drive or
allow anyone else to do so. I was trapped in-house with them. At this point my
mother and her partner were bringing a lawsuit against my father for money. He
had married a woman who had no interest in his children except she wanted to
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immigrate to Israel and felt children would make her more eligible for monies from
the Jewish Agency, so they offered me a trip to Israel and neglected to say the
ticket was one way. I did not tell my mother because I knew I needed to get away
from them and I thought this was my chance.
We arrived on a Monday in Tel Aviv and they told me to leave their
apartment on Tuesday night. My mother refused to help me with a ticket back to
the States. I did not speak the language. I was 17 and had no skills. Ten months
later I had scraped together 300 dollars by selling some rings my grandmother gave
me and I took a plane for $40 to Athens and a bus from Athens to London and then
a $99 flight on Freddie Laker.
Since I had no high school I could not get into a college. I discovered the
BEOG/PELL Grant and enrolled in a local community college that did not require
a high school diploma. I lived on friends couches and basements and with my
grandmother in her senior citizens government-subsidized apartment. My mother
and her partner never gave me a penny. After my first semester I was accepted to a
four-year state university. I called my mother to tell her. I thought she might be
proud or happy for me. Instead she said that I was too stupid and too ignorant and
the university made a mistake and all her friends, anyone that knew me, agreed I
was a zilch and a washout.
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My mother had a rich gay friend named John. He had a large home in West
Nyack or Nyack. My mother said that as long as I did not steal anything he might
hire me to clean his toilets. I knew about this man because he tried to have sexual
relations with my younger brother when my brother would mow his lawn. I
protested and said I was going to go to college. She said I had no money and I
would just fail and make a fool of myself because I could not spell, I did not know
my multiplication tables and how she, an educated woman, ever had me was a
mystery. Her partner was drunk and shouting in the background and I told my
mother I was sick of the crazy gays and that she should grow up. I repeated I was
accepted to college and I was going in January.
I was able to go to the State University of New York. Before the end of my
first semester my mother called the university to speak to an administrator. She
told them that she knew I cheated on an exam and I should be expelled. My
professor and advisor M.K. called me into his office and told me about the
conversation he had with my mother. I was heartbroken. I had been trained to
never be believed. I simply accepted the guilty verdict and just stood there in tears.
He said he knew it was not true because the class did not have any exams. He also
told me to stay away from my mother and her partner. He explained that they were
unhealthy and abusive. These were terms I never heard and did not understand at
the time. He became a surrogate parent for the rest of my time in college.
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I had never had a boyfriend or any male interest because while my mother
was preoccupied with my sexuality she was only preoccupied if it matched her
values. So in some ways I was not allowed to have sexuality. I was not allowed to
express in physical dress anything femininethis was mocked as tasteless and
vulgar and silly (unless it was a butch-femme couple, which was much rarer than
butch-butch). I was allowed to knit and sew but this is because their utilitarian
value exceeds their female category. I did not know how to flirt or dress.
II. AN UNCENSORED PROFILE OF THE GAY COMMUNITY AND ITS
CHILDREN
While I do not believe all gays would be de facto bad parents, I know that
the gay community has never in my lifetime put children first as anything other
than a piece of property, a past mistake, or a political tool to be dressed up and
taken out as part of a dog and pony show to impress the well-meaning. While
society may have evolved into acceptance, the gay community has shown over and
over that it is hasnt changed drastically regarding these attitudes. Observe the
children taken by gay adults to gay pride parades where toddlers and pre-teens are
exposed to disturbing, hyper-sexualized displays.
Having grown up in that community and a lesbian household, I do not
conflate lesbians and gay men as the same or having a shared interest. Even when I
was growing up the community was dominated both culturally and economically
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by men. Now everything LBGT is primarily a mens rights movement and is not in
concert with either the best interest of children or women. It has become clear to
me that my initial thought that perhaps marriage would normalize things into the
future was wrong. Perhaps if it was not a male-dominated entity it would be
different but it is male-dominated. And this can be verified in 100 little ways
because the community does little inside to conceal this fact. Count the words of
men in the Advocate compared to women. Count the bloggers, the activists. Do not
be nave and imagine some kind of equality going on. It is a mens rights
movement and is misogynistic.
Most women can get pregnant and have a child so the discussion is
essentially about men. A child is neither a right nor the natural consequence of
same-sex marriage. People knew this going in. Society does not owe people other
peoples children because they are the cause clbre and are in a high tax bracket.
Nobody elected or appointed has the right to give over human lives to people on
demand or to institute reproductive slavery because it makes them feel and appear
briefly progressive and enlightened. This is the direction this is headed3
rd
World
women are already in breeding compounds. And what this does is create an
illusion presented publically. The only image of gay families you will ever see are
crafted and controlledballoons and ice cream cones, poniesso that photogenic
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end results are displayed but exploitative means to create such families are hidden,
as are the effects on the children over the long course of their lives.
I actual believe very strongly that what goes on between two adults is their
own business. If people believe that civil marriage is indeed a right, who am I to
say it isnt? I certainly respect the Supreme Court Justices and their interpretations
of the Constitution. But they left an opening. I urge you, to take it. I believe as long
as two people are not hurting anyone they should have the same rights as I have.
But SSM extended past two people. It is a Trojan horse that will damage women
and children. It also strays as far as you can get from not hurting anyone else and
between two adults. Using one woman to harvest eggs from and another as the
long-term gestation uterus goes beyond two people. Next add a third, a child. I
count three people. And not hurting? Who says not hurting? Those profiting
from the transaction.
I do not believe that children abused in the gay community have the ability
to safely come forward or be received and protected and believed. In the current
climate, people are too afraid of being called homophobic and a bigot. I do not
believe that researchers have made even the smallest attempt to speak to those of
us who are independent adults and do not need to tap-dance anymore. It took me
years to get to this placeconsider that, please care about that. I have spent much
of my life in fear. I know that I may well be slandered and harassed over the
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Internet and beyond. Since I am a woman I may be targeted for violent threats.
Maybe an activist or two or three will try get me fired from my job, have my
family evicted from our home. I realize that this brand of abuse, silencing and
shaming can extended past my place of work and past my family to include others.
I even, in a preemptive measure, contacted an attorney. So even all these years
later I am still scared. I know their abuse. I have been their victim. They are not
victims. Please have a tiny bit of intellectual honesty.
From the time I was in college until she died I never spoke about my mother
or my childhood. I even went so far as to allow people to believe that she might be
dead. She never expressed an interest in my life or even seeing her grandchild. Our
relationship was only over the phone for many years. And then when she did die
the relief I felt when my mother and then her partner died was profound. I knew
they could never hurt me again. Was there sadness? Some for my mother, none for
her partner of 25 yearsnone. I try my best to remember good things about my
mother. She was the best judge of contemporary poetry and literature I have ever
known. She was skilled, even talented with a needle or two.
I know from my own experience and from the experience of others that the
adult gay abusers will be protected by other adults and the child will not be
protected. So I am not saying there is necessarily more abuse in homes with gay
parents, but I am saying that in the gay world abusers are protected and the victim
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punished. In fact a child that speaks out or complains runs the very real risk of
suffering even more. They will be ostracized, overly controlled and cut off from
contact others. They will be called a liar or a troublemaker and they will be given
little if any financial support.
I have known others that grew up in the gay community that were cut off
financially as a means of punishment, control and abandonment. This pattern
mirrors heterosexuals where only one or no parent is biologically related to the
child. For me it caused lifetime poverty. I put myself through undergraduate at The
State University of New York and graduate school at the University of Virginia.
As a woman I earned less. I am still paying back student loans. I developed
Crohns disease right after my daughter was born, which left me with large
medical bills and often unable to work.
I am not alone in this regard. Within the gay community, abusers have
complete impunity and complete protection from a code of honor that puts gay
adults first. Then there is a network of social and legal services that do not and will
never consider the best interest of a child. If you imagine that children are not
aware of this you are mistaken. I certainly knew that no one would help me ever no
matter what. A heterosexual child in the gay community suffers, day in and day
out. One might argue that with societal acceptance this will normalize but I do
not believe it will. In fact there are too many indications that it wont. Gay
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neighborhoods speak to a desire to not assimilate. Gay clubs, vacations, resorts,
and cruises all stand for insulation and rejection of the larger culture. Unless
someone can 100% guarantee gay parents will somehow have gay children.
From my experience and the experience of my cohort in both lesbian and
gay homes this will harm children. Consider the fact that gay men are more than
willing to pay money and have a woman risk her life taking super-ovulation drugs.
They then have harvested eggs implanted in a different woman, risking her life too.
There is a disregard for women and mothers on top of the questionable posture
toward children in the community.
What the even the most educated, lan-radiating, liberal urbane heterosexual
knows about gay culture is only a very narrow slice. I am now against gay
marriage because it is a Trojan horse. I say that gay rights are male rights and not
in the best interest of either the women they want to use for egg harvesting or as a
gestating uterus. We would see denied mother rights and hence human rights.
The push for gay marriage is also about money, not fairness or equality or civil
rights. Fertility should not be a profit-driven business that requires the body parts
of two human females serving as breeders for a class of wealthy elite males. Men
cant get pregnant; that is okay, no need to pathologize it. They have survived
maleness for millions of years.
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The Supreme Court said when they spoke about dignity in the United States
v. Windsor decision (133 S. Ct. 2675 (2013)), that everybody deserves dignity, see
id. Dignity includes children. A child that is silenced and intimidated has no
dignity. Do courts extend dignity to children? Abuse by gay adults is reported only
when the abuse is so obvious there is no way for the community to hide it, and
gay-friendly spokespeople have to address it, usually with some kind of disclaimer.
Those are the extreme cases, rare cases. But even in those cases it was not the
community that reported it. On the contrary, many men that identified as gay and
were out and active in the gay community had sex with the son of their friends.
In a most egregious case involving Mark Newton and Peter Truong, they were
front-page news as Gay Fathers of The Year even as they were using their helpless
baby as an international sex slave; see, e.g., Michael Walsh, Australian pair in L.A.
convicted for making child porn with adopted son from Russia, N.Y. Daily News,
June 29, 2013, 12:48 p.m.
3
This is where we are as a country. A black woman
leaves her child in the car and 20 people call the police. Twenty people have sex
with a 3-year-old boy in the gay community and nobody calls the police for years.
* * *
I happen to believe that adults should put children before their own needs,
desires and political positions. I learned that the hard way. Gay culture supports

3
http://www.nydailynews.com/news/crime/2-convicted-adopted-son-porn-article-
1.1385895.
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punitive measures, which runs counter to everything we know about parenting,
which is not good for children. Do you imagine these behaviors are just brought
out for politics or a Mozilla executive like Brendan Eich? The disproportionate
retribution against people who threaten gay self-definition is a powerful streak in
the gay community, and children will bear the brunt of much of that inside the
home.
Can stepparenting work? Sure, sometimes. Everything works sometimes.
But that does not mean it is in the best interest of the child. It means it serves the
adults interest first. The child did not choose the partner and has no say. This is
true of heterosexuals and gays. Except all children in a same-sex family have a
stepparent and only a percentage of the others do. It is unfair to bring a child into
the world as just property and that is what such a child is. Because the redefinition
of marriage is bound to expand same-sex parenting and make it increasingly
difficult for children of gay parents to contest their situation, I ask the Court to do
the sound and prudent thing: Please keep the definition of marriage in Texas as one
man and one woman.
CONCLUSION
Amicus respectfully asks the Court to reverse the judgment of the court below;
and humbly thanks the Court for its time and consideration.
August 4, 2014 Respectfully submitted,
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s/David Boyle
P.O. Box 15143
Long Beach, CA 90815
(734) 904-6132
dbo@boyleslaw.org
Counsel for Amicus Curiae B.N. Klein

















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CERTIFICATE OF SERVICE

The undersigned certifies that he electronically filed the foregoing with the
Clerk of the Court for the United States Court of Appeals for the Fifth Circuit by
using the appellate CM/ECF system on August 4, 2014.
He also certifies that all parties or their counsel of record will be served through
the CM/ECF system if they are registered CM/ECF users:
Jonathan F. Mitchell
Kyle D. Highful
Beth Klusmann
Michael P. Murphy
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-1700

Barry Alan Chasnoff
Daniel McNeel Lane, Jr.
Matthew Edwin Pepping
AKIN GUMP STRAUSS HAUER & FELD, LLP
300 Convent Street, Suite 1600
NationsBank Plaza
San Antonio, TX 78205
Jessica M. Weisel
AKIN GUMP STRAUSS HAUER & FELD, LLP
2029 Century Park, E., Suite 2400
Los Angeles, CA 90067-0000
Michael P. Cooley
Andrew Forest Newman
AKIN GUMP STRAUSS HAUER & FELD, LLP
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1700 Pacific Avenue, Suite 4100
Dallas, TX 75204
August 4, 2014 Respectfully submitted,
s/David Boyle
P.O. Box 15143
Long Beach, CA 90815
(734) 904-6132
dbo@boyleslaw.org
Counsel for Amicus Curiae B.N. Klein

CERTIFICATE OF ELECTRONIC COMPLIANCE

The undersigned also certifies that on August 4, 2014, this brief was transmitted
to Mr. Lyle W. Cayce, Clerk of the United States Court of Appeals for the Fifth
Circuit, via the courts CM/ECF document filing system, https://ecf.ca5.uscourts.
gov/.
The undersigned further certifies that: (1) required privacy redactions have been
made, 5th Cir. R. 25.2.13, if any in fact were needed; (2) the electronic submission
is an exact copy of the paper document, 5th Cir. R. 25.2.1; and (3) the document
has been scanned with the most recent version of McAfee Anti-Virus and Anti-
Spyware 16.8 and as per that program is free of viruses.
s/David Boyle

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FORM 6. CERTIFICATE OF COMPLIANCE WITH RULE 32(a)
Certificate of Compliance with Type-Volume Limitation,
Typeface Requirements, and Type Style Requirements

1. This brief complies with the type-volume limitation of FED. R. APP. P.
32(a)(7)(B) because:
X this brief contains 4825 words, excluding the parts of the brief exempted by
FED. R. APP. P. 32(a)(7)(B)(iii), or
this brief uses a monospaced typeface and contains [state the number of] lines
of text, excluding the parts of the brief exempted by FED. R. APP. P.
32(a)(7)(B)(iii).
2. This brief complies with the typeface requirements of FED. R. APP. P. 32(a)(5)
and the type style requirements of FED. R. APP. P. 32(a)(6) because:
X this brief has been prepared in a proportionally spaced typeface using 2010
Microsoft Word in 14-point Times New Roman font, or
this brief has been prepared in a monospaced typeface using [state name and
version of word processing program] with [state number of characters per inch and
name of type style].
s/David Boyle
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Attorney for Amicus Curiae B.N. Klein
Dated: August 4, 2014
Thank you for your time.






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United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK

LYLE W. CAYCE
CLERK





TEL. 504-310-7700
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130

September 15, 2014



Mr. David Christopher Boyle
P.O. Box 15143
Long Beach, CA 90815


No. 14-50196 Cleopatra DeLeon, et al v. Rick Perry, et al
USDC No. 5:13-CV-982



Dear Mr. Boyle,

You must submit the seven (7) paper copies of your brief required
by 5
TH
CIR. R. 31.1 within five (5) days of the date of this notice
pursuant to 5th Cir. ECF Filing Standard E.1.

Failure to timely provide the appropriate number of copies may
result in the dismissal of your appeal pursuant to 5
TH
CIR. R. 42.3.

**You must electronically file a "Form for Appearance of Counsel"
within 14 days from this date. You must name each party you
represent, see FED R. APP. P. 12(b) and 5
TH
CIR. R. 12 & 46.3. The
form is available from the Fifth Circuit's website,
www.ca5.uscourts.gov. If you fail to electronically file the form,
the brief will be stricken and returned unfiled.



Sincerely,

LYLE W. CAYCE, Clerk

By: _________________________
Renee S. McDonough, Deputy Clerk
504-310-7673

cc:
Mr. Ralph Joseph Aucoin Sr.
Mr. Richard Arthur Bordelon
Mr. Barry Alan Chasnoff
Mr. Michael P. Cooley
Ms. Deborah Jane Dewart
Mr. Stuart Kyle Duncan
Mr. William C. Duncan
Mr. Thomas Molnar Fisher
Case: 14-50196 Document: 00512768329 Page: 1 Date Filed: 09/15/2014
Mr. Steven W. Fitschen
Mr. Steven James Griffin
Mr. Robert Smead Hogan
Mr. Lawrence John Joseph
Mr. Jon Roy Ker
Ms. Beth Ellen Klusmann
Mr. Daniel McNeel Lane Jr.
Ms. Mary Elizabeth McAlister
Mr. Jonathan F. Mitchell
Mr. Michael P. Murphy
Mr. Andrew Forest Newman
Mr. David Robert Nimocks
Mr. Leif A. Olson
Mr. Matthew Edwin Pepping
Mr. Eric C. Rassbach
Mr. David Robinson
Mr. Dean John Sauer
Mr. Michael Francis Smith
Mr. Kevin Trent Snider
Ms. Anita Leigh Staver
Mr. Mathew D. Staver
Dr. David Robert Upham
Ms. Jessica M. Weisel
Mr. Robert Paul Wilson
Mr. Russell Henry Withers
Ms. Cecilia M. Wood

Case: 14-50196 Document: 00512768329 Page: 2 Date Filed: 09/15/2014