1:13-cv-00482 #51
TRANSCRIPT
-
8/12/2019 1:13-cv-00482 #51
1/23
Deborah A. Ferguson, ISB No. 5333The Law Office of Deborah A. Ferguson, PLLC
202 N. 9th
Street, Suite 401 CBoise, Idaho 83702
Tel.: (208) 484-2253
Craig Harrison Durham, ISB No. 6428
Durham Law Office, PLLC405 S. 8th Street, Ste. 372
Boise, ID 83702Tel.: (208) 345-5183
Shannon P. MinterChristopher F. Stoll
National Center for Lesbian Rights870 Market Street, Suite 370
San Francisco, California 94102Tel.: (415) 392-6257
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SUSAN LATTA and TRACI EHLERS,
LORI WATSEN and SHARENE WATSEN,SHELIA ROBERTSON and ANDREA
ALTMAYER, AMBER BEIERLE andRACHAEL ROBERTSON,
Plaintiffs,
v.
C.L. "BUTCH" OTTER, as Governor of theState of Idaho, in his official capacity, and
CHRISTOPHER RICH, as Recorder of AdaCounty, Idaho, in his official capacity,
Defendants.
Case No. 1:13-cv-00482-CWD
DECLARATION OF
PLAINTIFF
SHARENE WATSEN
IN SUPPORT OF
PLAINTIFFS MOTION FORSUMMARY JUDGMENT
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 1 of 10
-
8/12/2019 1:13-cv-00482 #51
2/23
1
I, Sharene Watsen, hereby declare and state as follows:
1. I am one of the Plaintiffs in this action, along with my wife, Lori Watsen. I
am 34 years old and live in Boise, Idaho. I have personal knowledge of the matters stated
in the declaration and could and would competently testify to these facts.
2. I am a Physician Assistant with St. Luke's in an outpatient endocrinology
clinic.
3. I was born in Marshall, Minnesota and was raised on a farm outside of
Minneota, Minnesota by my mother and father, who farmed pigs, corn and soybeans. I
am the oldest of five children. I was raised in a devout Catholic family and attended
Catholic school from 1st grade to 8th grade. I moved away from home when I was
eighteen to attend Gustavus Adolphus College in St. Peter, Minnesota.
4. I knew I was interested in a career in medicine from a young age. When I
was in high school and college I worked as a certified nursing assistant in various nursing
homes. I enjoy working with people to help them find ways to improve their health and
well-being.
5. I graduated from college in 2002 with a B.A. in Biology and Religion. In
2005, I was awarded a Masters of Physician Assistant Studies from Oregon Health
Science University in Portland, Oregon. After graduating I began my career as a
Physician Assistant in Boise in an outpatient endocrinology clinic. I have been in
practice at the same clinic for approximately 8 years.
6. It has been important to Lori and me to be active in our community. I have
volunteered for a camp for children with diabetes since 2006. There are three summer
camps for children of various ages and a ski camp in the winter. I typically volunteer for
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 2 of 10
-
8/12/2019 1:13-cv-00482 #51
3/23
2
one or two of the summer camps and for the ski camp. I have been the assistant director
for the camp for 3rd through 5thgraders since 2012. Lori and I are also active in our
church, the Boise Unitarian Universalist Fellowship. We have been members of the
congregation since 2011. We volunteer in the nursery and last year we taught religious
education to the 4th through 6th grade class.
7. When I started my current job eight years ago, which was my first job
after graduate school, I was anxious about whether I might lose my job if my boss and
co-workers found out that I was a lesbian. Idaho does not have a statute protecting
employees against discrimination based on sexual orientation. It turned out that my
supervisors and co-workers have been supportive. I feel extremely lucky as I know that is
not the case for others.
8. Growing up Catholic in a small town in the Midwest, I dont recall hearing
or knowing about gay or lesbian people as a child. I came out in college, and to my
siblings over the next two years. I did not tell my parents until several years later when I
was 25 years old and in a relationship. I was worried about how they might react. I told
my mom over the phone and asked her to tell my dad; I was too nervous to tell him
directly. My parents have struggled some with reconciling their strong Catholic beliefs
with the fact that their daughter, who they loves and respect, is a lesbian. They have been
extremely loving and supportive even though this is challenging for them spiritually.
They are always warm and loving towards Lori and our son. Over the last year and even
months my family has become more sensitive to the challenges that Lori and I face being
lesbian parents and not having our marriage recognized in Idaho.
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 3 of 10
-
8/12/2019 1:13-cv-00482 #51
4/23
3
9. Lori and I met after the mother of a friend of mine introduced us in
November 2009. My friends mother used to work with Lori and thought Lori and I
would be a good match. Lori and I began dating, and we have been together ever since.
10. I proposed to Lori on February 13, 2011. I made a crossword puzzle using
clues about our relationship, our families and interests. In the crossword puzzle there
were several letters circled that Lori had to unscramble once the puzzle was done. It said,
Lori, will you marry me? I was thrilled that she said Yes.
11. My parents have been married for 35 years. I have seen the ways in which
their marriage has encouraged them to work together as a team and how they have had
support from one another as well as family and friends through challenging times.
Family has always been one of the most important parts of my life. Lori is the woman I
want to spend the rest of my life with and have beside me every step of the way. We
share common values, interests, and goals. Before we started a family we wanted to get
married and share our love and commitment to each other publicly and ask for the
support of our friends and family .
12. We talked about getting married in the fall of 2011 and decided we would
travel to the east coast, because several states there permitted same-sex couples to marry.
Lori had an opportunity to go to New York for a professional training in October 2011.
We would have preferred marrying in Idaho, our home state, so that our large families
could attend. Because we could not legally marry in Idaho, we married on October 28,
2011 in New York City. Attached as Exhibit A is a copy of our marriage certificate. We
had a small intimate ceremony, and we planned a larger ceremony and reception later in
Idaho with family and friends.
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 4 of 10
-
8/12/2019 1:13-cv-00482 #51
5/23
4
13. We had a ceremony and reception in Boise on July 21, 2012. All of our
immediate family members attended except one of Loris brothers who lives in China.
Over 200 family members and friends from all over the country came to celebrate. We
had our celebration at the Unitarian Universalist Fellowship church where we are
members. The Reverend Elizabeth Greene officiated at a ceremony where we exchanged
vows and asked our friends and family for their blessing and support. Our mothers read a
childrens book during the ceremony, as Lori and I have a tradition of exchanging
childrens books for birthdays, holidays, and special occasions. After the ceremony we
shared food and danced with our families and guests. Before and after the ceremony our
families spent several days in Boise with us, getting to know each other.
14. We had known for a while that we wanted children, and we started taking
steps toward starting a family during the spring of 2012. We used sperm from an
anonymous donor from a cryobank. We found out I was pregnant in September 2012.
We decided to wait to learn our childs gender until the birth. Our beautiful son was born
into our family in 2013. When we filled out the worksheet for the birth certificate it was
frustrating and hurtful that there was not a way to accurately represent our family. I was
listed as the mother, but there was no way to list Lori on the birth certificate, despite the
fact that she is our sons other parent, unless she was listed as father, which she is not.
We noted on the form that Lori should be reflected on the birth certificate as one of his
parents. The birth certificate arrived in the mail with only my name on it; our request was
not honored. If Idaho had recognized our marriage, then Lori would have been presumed
to be our sons parent at birth, without the need for an adoption.
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 5 of 10
-
8/12/2019 1:13-cv-00482 #51
6/23
5
15. During our pregnancy we considered hyphenating our last names for our
babys last name, but ultimately decided to merge our names to create a new family name
that all three of us could share. Attached as Exhibit B is a true and correct copy of the
court order granting my name change from Sharene Elizabeth Gossen to Sharene
Elizabeth Watsen. Lori changed her name from Lori Watts to Lori Watsen.
16. We feel wonder and magic as new parents of our sweet baby boy. He is
growing and changing in significant ways right before our eyes, and we enjoy watching
his personality unfold. We are hopeful that his life and our life as a family will be full of
meaning, purpose, joy, and connection.
17. During the summer of 2013, Lori and I incurred the expense of hiring an
attorney to assist us with an adoption petition in state court in Ada County, so that Lori
could legally adopt our son through a second-parent adoption. The adoption petition was
supported by both of our extended families, and included extensive documentation. On
August 29, 2013, a magistrate judge dismissed the petition summarily, without a hearing,
holding that under Idaho law Lori did not have legal standing to file a petition to adopt
our child because Lori and I are not considered married under Idaho law. The court did
not recognize our marriage, despite the proof we provided that we were lawfully married
in New York; the courts opinion used the phrase cohabitating, committed partner.
Attached as Exhibit C is a copy of the court order dismissing our adoption petition.
18. I am informed that just days ago, on February 10, 2014, the Idaho
Supreme Court ruled in an adoption case brought by two long-time domestic partners of
the same sex that marriage is not a requirement for an adoption proceeding under the very
Idaho statutes under which Lori filed her adoption petition. (I have been informed this is
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 6 of 10
-
8/12/2019 1:13-cv-00482 #51
7/23
6
Idaho Code section 16-1501 and the provisions following it). Lori plans to seek again in
state court to adopt our son through a second-parent adoption. If Idaho were to recognize
my marriage to Lori, she would be able to and would file a petition to adopt as a step-
parent, which would allow the judge to approve the adoption without the need for a costly
home study that is required for other adoptions. Unfortunately, Lori is not able to file an
adoption proceeding as a step-parent because Idaho refuses to recognize my marriage to
Lori.
19. The denial of adoption by the Idaho court in August 2013 has been very
difficult for us. We are an intentional, carefully planned, intact, and loving family. It is
demeaning and degrading to the dignity of our family not to have Lori legally recognized
as a parent to our son. Both Lori and I are very dedicated parents, who are committed to
raising our son in a stable, loving home.
20. Because the court has denied Loris petition to adopt our son, we have the
added expense and inconvenience of having to create a new Medical Power of Attorney
every six months, so that Lori can also consent to his medical treatment and take him to
doctor appointments. But this in no way creates the full legal parent-child relationship
that should be recognized and protected. Idahos refusal to recognize our marriage has
prevented Lori from being recognized as a legal parent, which harms our son in many
direct and indirect ways, including depriving him of the irreplaceable legal, social and
emotional security of having two legal parents. I do not want our son to grow up and
think that there is something wrong with his family or have difficulty understanding the
integrity or closeness of his family because Idaho does not recognize our marriage. If
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 7 of 10
-
8/12/2019 1:13-cv-00482 #51
8/23
7
Idaho recognized our marriage at the time of our sons birth, then Lori would have
automatically been recognized as our sons parent.
21. Idahos refusal to recognize our marriage, which has prevented Lori from
being recognized as a legal parent to our son, also harms me. Lori cannot provide
parental consent for our son in legal, educational or medical settings. This creates a
burden upon our family as we do not have the benefit of the two of us sharing those
numerous and important parental responsibilities.
22. Lori and I intend to file a joint federal tax return this year because federal
law requires us to file our taxes as a married couple. But because Idaho does not respect
our marriage, we must also file income tax returns separately in Idaho, under the fiction
that we arent married, when, in fact, we are. While in the past we have prepared our tax
returns without the assistance of a tax preparation professional, due to the added
complexities the State of Idaho has imposed on married, same-sex couples, we will need
professional tax assistance. In addition to the extra complexity and expense, it is
demeaning and morally offensive to sign an official government legal document that
labels me as single when I know that is a false statement.
23. Lori and I also have not historically been able to obtain spousal coverage
on each other's health insurance or other benefit plans at our places of employment. My
employer, St. Lukes, recently announced a policy change, indicating its plan to provide
same sex married couples health insurance in the near future. We also have advance
directives in place to cover end-of-life decision-making for one another, although I
understand there is no guarantee that our wishes will be honored since Idaho does not
recognize our marriage. We are in the process of having new wills drafted, to ensure
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 8 of 10
-
8/12/2019 1:13-cv-00482 #51
9/23
8
that we have as much protection as possible in place for one another and for our son. In
many ways, Idahos refusal to recognize our marriage has required us to spend our
familys resources and time to create a small fraction of the protections that we would
automatically have if our marriage and family were recognized in Idaho. I appreciate that
no amount of estate planning can replicate the security that is unique to marriage, an
institution that our society implicitly understands and respects.
24. Despite our marriage in 2011, the property we have acquired since that
time is separate property. It is not considered community property as a result of our
marriage, as it would be if Idaho recognized our marriage. In January 2014, I filed a
quitclaim deed with the Ada County Recorder transferring the title to a rental property I
own from my name to marital community property, with the right of survivorship.
Attached as Exhibit D is a copy of the deed. Community property with the right of
survivorship is a form of property ownership that I understand is limited to legally
married couples. It is my understanding that if one spouse dies, property held as
community property with the right of survivorship passes directly to the surviving
spouse. Although the Ada County Recorder accepted the deed attached as Exhibit D for
filing, my understanding is that under current Idaho law the form of ownership specified
in the deed transfer is not enforceable because Lori and I are a same-sex couple.
25. As our son grows older and is raised in Idaho, I want him to have the
security of knowing our marriage is recognized in Idaho, as it is by the federal
government. I want my son to know that he is a much loved child of our legal marriage. I
want him to have the same pride in us, as his parents, that I feel for my parents, who have
been married for 35 years.
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 9 of 10
-
8/12/2019 1:13-cv-00482 #51
10/23
9
I sign this Declaration under penalty of perjury under the laws of the United
States.
DATED the 12th
day of February 2014.
_______/s/___________
Sharene Watsen
Case 1:13-cv-00482-CWD Document 51 Filed 02/18/14 Page 10 of 10
-
8/12/2019 1:13-cv-00482 #51
11/23
Case 1:13-cv-00482-CWD Document 51-1 Filed 02/18/14 Page 1 of 2
-
8/12/2019 1:13-cv-00482 #51
12/23
-
8/12/2019 1:13-cv-00482 #51
13/23
Case 1:13-cv-00482-CWD Document 51-2 Filed 02/18/14 Page 1 of 2
-
8/12/2019 1:13-cv-00482 #51
14/23
Case 1:13-cv-00482-CWD Document 51-2 Filed 02/18/14 Page 2 of 2
-
8/12/2019 1:13-cv-00482 #51
15/23
Case 1:13-cv-00482-CWD Document 51-3 Filed 02/18/14 Page 1 of 6
-
8/12/2019 1:13-cv-00482 #51
16/23
Case 1:13-cv-00482-CWD Document 51-3 Filed 02/18/14 Page 2 of 6
-
8/12/2019 1:13-cv-00482 #51
17/23
Case 1:13-cv-00482-CWD Document 51-3 Filed 02/18/14 Page 3 of 6
-
8/12/2019 1:13-cv-00482 #51
18/23
Case 1:13-cv-00482-CWD Document 51-3 Filed 02/18/14 Page 4 of 6
-
8/12/2019 1:13-cv-00482 #51
19/23
Case 1:13-cv-00482-CWD Document 51-3 Filed 02/18/14 Page 5 of 6
-
8/12/2019 1:13-cv-00482 #51
20/23
Case 1:13-cv-00482-CWD Document 51-3 Filed 02/18/14 Page 6 of 6
-
8/12/2019 1:13-cv-00482 #51
21/23
Case 1:13-cv-00482-CWD Document 51-4 Filed 02/18/14 Page 1 of 3
-
8/12/2019 1:13-cv-00482 #51
22/23
Case 1:13-cv-00482-CWD Document 51-4 Filed 02/18/14 Page 2 of 3
-
8/12/2019 1:13-cv-00482 #51
23/23
Case 1:13-cv-00482-CWD Document 51-4 Filed 02/18/14 Page 3 of 3