1:15-cv-00009 #4

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DISTRICT COURT OF GUAM

Mitchell F. Thompson, Esq.R. Todd Thompson, Esq.Thompson Gutierrez & Alcantara, P.C.238 Archbishop Flores Street, Suite 801Hagatna, Guam 96910Telephone: (671)472-2089Facsimile: (671) 477-5206

William D. Pesch, Esq.Guam Family Law Office

173 Aspinall Avenue, Suite 203Hagatna, Guam 96910Telephone: (671) 472-8472Facsimile: (671)477-5873

Attorneys for Plaintiffs Kathleen M. Aguero andLoretta M. Pangelinan

APR 13 2015

JEANNE (3. QUfMATAcimx. Of COURT

IN THE DISTRICT COURT OF GUAM

TERRITORY OF GUAM

KATHLEEN M. AGUERO and LORETTA

M. PANGELINAN,

Plaintiffs,

EDDIE BAZA CALVO in his official capacity asGovernor of Guam; and CAROLYN GARRIDOin her official capacity as Registrar in the OfficeofVital Statistics, Department of PublicHealth and Social Services,

Defendants.

CIVIL CASE NO.

PLAINTIFFS' CVLR 56(g)CONCISE STATEMENT OF

UNDISPUTED FACTS

Jjtil -ijTl

5-00009

Case 1:15-cv-00009 Document 4 Filed 04/13/15 of 4

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Pursuant to CVLR 56(g), Plaintiffs submit the following Concise Statement of

Undisputed Facts material to the resolution of their SUMMARY JUDGMENT motion.

1. Loretta M. ("Lo") Pangelinan and Kathleen M. ("Kate") Aguero have been in a

committed, loving relationship for over nine years.1

2. Kate works for a local financial institution, and Lo runs her own maintenance

and cleaning company. Both Kate and Lo were born and raised on Guam.

3. They are hard working life-long Guam residents with deep roots in the local

community.4

4. Both Kate and Lo feel that it is important to give back to the community by

helping to raise and care for children in need on Guam.5

5. Both Plaintiffs are registered foster parents with Department of Public Health

and Social Services ("DPHSS"), and together they have cared for numerous foster children

through the years.6 They are currently caring for three foster children.7

6. Kate and Lo wish to marry each other because they love each other and are

committed to each other for life.8

7. They want to celebrate their mutual love through marriage, and they wish to

marry on Guam so that all their friends and family may attend and participate in their joyous

occasion.9

1 Declaration of Kathleen M. Aguero ("Aguero Decl."), at K1 (Apr. 13, 2015); Declaration ofLoretta M. Pangelinan ("Pangelinan Decl."), at 11 (Apr. 13, 2015).

2 Aguero Decl. atU2; Pangelinan Decl. atH2.3 Aguero Decl. atH3; Pangelinan Decl. atH3.4 Aguero Decl. atU4; Pangelinan Decl. atK4.5 Aguero Decl. at |̂ 5;Pangelinan Decl. atH5.6 Aguero Decl. atf 6; Pangelinan Decl. at^6.7 Aguero Decl. at il 6; Pangelinan Decl. at ^6.8 Aguero Decl. at^17; Pangelinan Decl. atU7.

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8. While Kate and Lo could travel thousands of miles to get married in another

jurisdiction where same-sex marriage is recognized, such travel would be costly and difficult to

arrange, given their busy schedules and responsibilities.10

9. More importantly, they want to be able to invite their family and friends on

Guam to bear witness to their love and commitment for each other in the same way that

different-sex couples inGuam are able to do through marriage.''

10. Kate and Lo believe that they should not have to leave Guam to have their love

and commitment recognized.12

11. On April 8, 2015, Plaintiffs personally brought their application for a marriage

license to the Vital Statistics Office of the DPHSS, in Mangilao, the office that processes

marriage license applications on Guam.13 A true and correct copy of the Guam Marriage

License Application Materials Plaintiffs submitted to DPHSS (redacted for privacy concerns

pursuant to the Rules of this Court) is attached to the Aguero Decl. as "Exhibit A."

12. DPHSS officials refused to accept the application and handed the women two

documents, one, a 2009 opinion letter from the Acting Guam Attorney General and a copy of

certain provisions from Tile 10 of the Guam Code Annotated, including 10 G.C.A. § 3207(h),

with language indicating, "[mjarriage means the legal union of persons of the opposite sex."14

True and correct copies of these documents are attached to the Aguero Decl. as "Exhibit B" and

"Exhibit C."

Aguero Decl. at U8; Pangelinan Decl. at H8.10 Aguero Decl. at^ 9;Pangelinan Decl. at^ 9.1' Aguero Decl. atII10; Pangelinan Decl. atH10.12 Aguero Decl. at%11; Pangelinan Decl. atU11.13 Aguero Decl. at ^12; Pangelinan Decl. at 1112.14 Aguero Decl. at^ 13; Pangelinan Decl. at | 13.


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13. At no time has any government official articulated any reason for failing to issue

a marriage license to Plaintiffs aside from their status as a same sex couple.

Respectfully submitted this 13th day ofApril, 2015.

P153026.RTT

THOMPSON GUTIERREZ & ALCANTARA, P.C.Attorneys for Plaintiffs Kathleen M. Aguero and

Loretta M. Pangelinan

By.RANDALL

rL=


1:15-cv-00009 #4

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