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Document: 00512818327

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14-31037
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH
CIRCUIT
JONATHAN P. ROBICHEAUX; DEREK PENTON; NADINE BLANCHARD
and COURTNEY BLANCHARD, Plaintiffs-Appellants,
v.
JAMES. D. CALDWELL, in his official capacity as the Louisiana Attorney
General, 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 Center
Director at Louisiana Department of Health and Hospitals; TIM BARFIELD, in his
official capacity as the Louisiana Secretary of Revenue; KATHY KLIEBERT, in
her 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. HAVARD
SCOTT, 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

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SHARONDA R. WILLIAMS (La. 28809)

City Attorney
1300 Perdido Street, Suite 5E03
New Orleans, Louisiana 70112
Tel. 504-658-9920
Facsimile. 504-658-9869
shrwilliams@nola.gov
Counsel For Amicus Curiae, 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 in
the outcome of this case. These representations are made in order that the judges
of 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 Center
Director 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 Health
and 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 of
Justice
Amicus Curiae, City of New Orleans and its Attorney
32. Sharonda R. Williams, City Attorney, City of New Orleans

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SUPPLEMENTAL STATEMENT OF INTERESTED PARTIES

Per Fifth Circuit Rule 29.2, Amicius states that it is unaware of any
additional parties with an interest in the amicus brief.

iii

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TABLE OF CONTENTS
Page
CERTIFICATE OF INTERESTED PERSONS

i-iii

STATEMENT OF INTEREST IN PROCEEDINGS

SUMMARY OF ARGUMENT

ARGUMENT

CERTIFICATE OF SERVICE

CERTIFICATE OF COMPLIANCE

iv

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TABLE OF AUTHORITIES
Ordinance

Page

New Orleans City Code, 87-1

New Orleans City Code, 87-2

New Orleans City Code, 87-5

New Orleans City Code, 87-6

New Orleans City Code, 87-8

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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. See New 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 form1 to 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

The 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 Attorney
1300 Perdido Street, Suite 5E03
New Orleans, Louisiana 70112
Tel. 504-658-9920
Facsimile. 504-658-9869
shrwilliams@nola.gov
Counsel For Amicus Curiae, 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 30th day of October, 2014.
/s/ Sharonda R. Williams
SHARONDA 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. WILLIAMS
Counsel for Appellant
October 30, 2014