city of new orleans amicus brief

8/10/2019 City of New Orleans Amicus Brief

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14-31037

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH

CIRCUIT

JONATHAN P. ROBICHEAUX; DEREK PENTON; NADINE BLANCHARDand COURTNEY BLANCHARD, Plaintiffs-Appellants,

v.

JAMES. D. CALDWELL, in his official capacity as the Louisiana AttorneyGeneral, also known as Buddy Caldwell, Defendant-Appellee.

JONATHAN P. ROBICHEAUX; DEREK PENTON; NADINE BLANCHARD;COURTNEY BLANCHARD; ROBERT WELLES; and GARTH

BEAUREGARD, Plaintiffs-Appellants,

v.

DEVIN GEORGE, in his official capacity as the State Registrar and CenterDirector at Louisiana Department of Health and Hospitals; TIM BARFIELD, in his

official capacity as the Louisiana Secretary of Revenue; KATHY KLIEBERT, inher official capacity as the Louisiana Secretary of Health and Hospitals,

Defendants-Appellees.

FORUM FOR EQUALITY LOUISIANA, INCORPORATED; JACQUELINE M.BRETTNER; M. LAUREN BRETTNER; NICHOLAS J. VAN SICKELS;

ANDREW S. BOND; HENRY LAMBERT; R. CAREY BOND; L. HAVARDSCOTT, III; and SERGIO MARCH PRIETO, Plaintiffs-Appellants,

v.

TIM BARFIELD, in his official capacity as Secretary of the Louisiana Department

of Revenue; DEVIN GEORGE, in his official capacity as Louisiana State

Registrar, Defendants-Appellees.

Appeal From The United States District Court For The Eastern District Of

Louisiana, Nos. 2:13-cv-5090, 2:14-cv-97, 2:14-cv-327

BRIEF OF CITY OF NEW ORLEANS AS AMICUS CURIAE IN SUPPORT

OF PLAINTIFFS-APPELLANTS AND REVERSAL

Case: 14-31037 Document: 00512818327 Page: 1 Date Filed: 10/29/2014


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SHARONDA R. WILLIAMS (La. 28809)

City Attorney1300 Perdido Street, Suite 5E03

New Orleans, Louisiana 70112Tel. 504-658-9920

Facsimile. 504-658-9869

[email protected]

Counsel F or Amicus Cur iae, City of New

Orleans



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CERTIFICATE OF INTERESTED PERSONS

Pursuant to Fifth Circuit Local Rule 28.2.1(b), undersigned counsel for

Amicus Curiae certifies that the following persons and entities have an interest inthe outcome of this case. These representations are made in order that the judgesof this Court may evaluate possible disqualification or recusal.

Plaintiffs-Appellants

1. Jonathan P. Robicheaux

2. Derek Penton

3. Nadine Blanchard

4. Courtney Blanchard

5. Robert Welles

6. Garth Beauregard

7. Forum For Equality Louisiana, Inc.

8. Jacqueline M. Brettner

9. M. Lauren Brettner

10. Nicholas J. Van Sickels

11. Andrew S. Bond

12. Henry Lambert

13. R. Carey Bond

14. L. Havard Scott, III

15. Sergio March Prieto

Attorneys for Plaintiffs-Appellants

16. James Dalton Courson, Stone Pigman, Walther, Wittmann LLC



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17. Lesli Danielle Harris, Stone, Pigman, Walther, Wittmann LLC

18. Kenneth Dale Upton, Jr., LAMBDA Legal Education and Defense Fund, Inc.

19. David Paul Castillo, LAMBDA Legal Education and Defense Fund, Inc.

20. Omar Francisco Gonzalez-Pagan, LAMBDA Legal Education and Defense

Fund, Inc.

21. Karen Lee Loewy, LAMBDA Legal Education and Defense Fund, Inc.

22. Susan L. Sommer, LAMBDA Legal Education and Defense Fund, Inc.

23. Richard Gerard Perque, Law Office of Richard Perque

24. Scott Jerome Spivey, Hammerman & Gainer Incorporated

Defendants-Appellees

25. James D. Caldwell, in his official capacity as the Louisiana Attorney General

26. Devin George, in his official capacity as the State Registrar and CenterDirector as Louisiana Department of Health and Hospitals

27. Tim Barfield, in his official capacity as the Louisiana Secretary of Revenue

28. Kathy Kliebert, in her official capacity as the Louisiana Secretary of Healthand Hospitals

Attorneys for Defendants-Appellees

29. Stuart Kyle Duncan, Duncan PLLC

30. James Michael Johnson, Kitchens Law Firm

31. Angelique Duhon Freel, Assistant Attorney General, Louisiana Department ofJustice

Amicus Curiae, City of New Orleans and its Attorney

32. Sharonda R. Williams, City Attorney, City of New Orleans



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TABLE OF CONTENTS

Page

CERTIFICATE OF INTERESTED PERSONS i-iii

STATEMENT OF INTEREST IN PROCEEDINGS 1

SUMMARY OF ARGUMENT 2

ARGUMENT 3

CERTIFICATE OF SERVICE 5

CERTIFICATE OF COMPLIANCE 6



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TABLE OF AUTHORITIES

Ordinance Page

New Orleans City Code, 87-1 2







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STATEMENT OF INTEREST IN PROCEEDINGS

The City of New Orleans (City) submits it Brief of Amicus Curiae

pursuant to Rule 29 of the Federal Rules of Appellate Procedure. The City has an

interest in this matter as a segment of its population is affected by the issue that is

before this Court. The Citys interest in this matter is apparent as some its

taxpayers will be directly affected by the outcome of this Courts ruling, and the

City should be granted leave to present the Court with the Citys position on this

issue.

Pursuant to Federal Rule of Appellate Procedure 29(c)(5), the City certifies

that the Citys counsel has authored this brief and no party or other

entity/individual has contributed monetarily or otherwise to the filing of this brief.



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SUMMARY OF ARGUMENT

The City of New Orleans (City) supports Plaintiffs-Appellants position

as the City has passed local laws recognizing domestic partnerships in the context

of City government. In particular, the City allows same-sex domestic partners of

City employees to receive benefits from the Citys health care plan as dependents

of their partners. The City enacted this law stating that it has an interest in

strengthening and supporting all caring, committed, and responsible family forms.

Similarly, these family forms should be recognized by the state.



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ARGUMENT

The City of New Orleans submits this Brief in Amicus Curiae to inform the

Court of the Citys establishment and recognition of domestic partnerships.

Plaintiffs in the consolidated cases (hereinafter Robicheaux)asserts that certain

state agencies/officials do not recognize same-sex marriages. Robicheaux further

asserts that failure to recognize same-sex marriages denies equal protection of the

laws to same-sex couples. The City, however, has enacted municipal laws

recognizing domestic partnerships and allowing same-sex domestic partners of

City employees to receive benefits from the Citys health care plan as dependents

of their partners. SeeNew Orleans City Code, 87-1 -87-9. The City submits this

Brief to inform the Court of the existence and substance of those laws and the

Citys purpose in enacting those laws.

Indeed, as expressly set forth in the New Orleans Municipal Code, the City

has an interest in strengthening and supporting all caring, committed, and

responsible family forms. See id. at 87-1. The City further specified that societal

privileges and benefits accorded to members of a marriage also should be extended

to those who meet the qualifications of domestic partnership. See id.

Local law further establishes a mechanism whereby domestic partners may

publicly express and document their partnerships and sets forth qualifications for a

domestic partnership. See id.To establish a domestic partnership under local law,



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partners must submit a Declaration of Domestic Partnership form1to the Clerk of

the New Orleans City Council. See id. at 87-2 and 87-5. In completing the

Declaration, the partners agree to be jointly responsible for basic living expenses

incurred in the domestic partnership. See id. at 87-2. The Clerk may accept

Declarations filed by domestic partners who reside in the City of New Orleans or

by partnerships having one partner who works in the City of New Orleans. See id.

at 87-5(b). In addition, to become domestic partners, neither person may be

married, the two must not be related, and both must be 18 years of age or older.

See id. at 87-6. If one partner previously was in a domestic partnership, that

partnership must have terminated more than six months before submission of the

Declaration. See id.Termination of a domestic partnership is evidenced by filing a

written, notarized notice of termination with the Clerk of City Council. See id. at

87-8. Upon filing of the Declaration, the City Chief Administrative Officer will

provide the partners with a certificate showing that the Declaration was filed. See

id.at 87-5(a). A certified copy of the Declaration may be used as evidence of the

existence of a domestic partnership. See id.at 87-5(e).

Since the enactment of these municipal laws, the Clerk has received

Declarations establishing 472 domestic partnerships, and City employees have

exercised their rights to use the Citys employee benefits for their domestic

1The Declaration can be obtained from the Clerk of the New Orleans City Council.



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partners. The Citys stated interest and purpose in enacting laws recognizing

domestic partnerships are underscored by these facts. Accordingly, the City

submits Brief in Amicus Curiae in support of Robicheauxs appeal.

Respectfully submitted,

/s/ Sharonda R. Williams

SHARONDA R. WILLIAMS (La. 28809)

City Attorney1300 Perdido Street, Suite 5E03

New Orleans, Louisiana 70112

Tel. 504-658-9920Facsimile. [email protected]

Counsel F or Amicus Cur iae, City of New

Orleans

CERTIFICATE OF SERVICE

The foregoing Motion has been served pursuant to Federal Rule of Appellate

Procedure 25(d) via the Courts electronic filing notices as set forth in this Courts

Rule 25.2.5 on this 30thday of October, 2014.

/s/ Sharonda R. WilliamsSHARONDA R. WILLIAMS (La. 28809)



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CERTIFICATE OF COMPLIANCE WITH RULE 32(a)

This brief complies with the type-volume limitation of Fed. R. App. P.

32(a)(7)(B) because this brief contains 840 words, excluding the parts of the brief

exempted by Fed R. App. P. 32(a)(7)(B)(iii).

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 this

brief has been prepared in a proportionally spaced typeface using Microsoft Word

2010 in 14-point Times New Roman.

If the Court so requests, the undersigned will provide an electronic version

of the brief and/or a copy of the word or line printout.

The undersigned understands a material misrepresentation in completing this

certificate, or circumvention of the type-volume limits in 5th Cir. R. 32.2.7, may

result in the Courts striking the brief and imposing sanctions against the person

signing the brief.

/s/ Sharonda R. Williams

_________________________

SHARONDA R. WILLIAMSCounsel for Appellant

October 30, 2014


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