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SUSAN WATERS et a l

Plain t i f fs

v

DAVE

HEINEMAN

et a l

Defendants

HAROLD WILSON

and

GRACY SEDLAK

Internenors

Flll:.L

1

T IC I

:,

UH

i ;

r

OF NE.it A KA

IN

THE

UNITED STATES DISTRICT COURT .

- 5

p

1

2: 2

1

FOR THE DISTRICT

OF NEBRASKA

)

CASE NO. 8: 4 c v 0 0 0 3 ~ f i ,, F

1

.

E

)

INTERNENORS

OPPOSITION

Rf

r lC

t

::.

.

ln

) PLAINTIFFS OBJECTION TO

)

MOTION

TO

INTERVENE

)

)

)

)

)

)

The

Intervenors in the

above

action

do

hereby object to Plain t i f fs

Representatives

Brief in Opposition to Intervene

of

December 29, 2014

and

do aver

and

s ta te the

following:

A.Existing

Part ies DO

NOT

adequately

represent the Intervenors in teres ts .

Intervenors are

one

singler ly incarcerated and a

former inamte

of

the

Dept.

of

Corrections.

The Neb.

DCS

has f inal

author i ty to

deny

or approve any request by

a

current

inmate to marry. Plain t i f fs action does not

address

th is contingency

in

that

should the

Court

grant the Plain t i f fs request and injunction, i t would not necessari ly

effect

the Intervenors

in

any

way.

No

would

i t

address

the

denile

of

vis i ta t ion

by

the

Intervenors even i f they were allowed to marry legal ly .

8:14-cv-00356-JFB-TDT Doc # 34 Filed: 01/05/15 Page 1 of 4 - Page ID # 197

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C P l a i n t i f f s act ion excludes transgender c i t i zens

from

obtaining the

right

to marry

s

t r ~ n s g e n d e r

individuals are

neither same

sex nor opposite sex to the male

and

female

genders. Thus they cannot

marry anyone

who is opposite gender

to

the

gender they present

themselves

to

be.

D

Intervenors

have

the

r ight to intervene in th i s act ion

Rule

24 i s

to be

l ibera l ly construed, however, any doubts resolved

in

favor of

the

proposed

Intervenors.

6-26 Moores

Federal

Pract ice-Civi l

2

4.03

E

Intervention should not be dsmissed

unl es s no

r e l i e f

poss ib le

Court accepts

as true

npnconclusionary allegations

of

motion to intervene

and motion

should

not be

dismissed

unless

i t appears to

cer t ianty that Intervenor

i s

not ent i t led

to

re l ief

under any se t of

fa t ts

that could be proved under complaint.

Reich v DBC/York

Estate Corp.

68 F.3d 316, 321

F

Intervenors

have

a

s ign i f i cant

protectable

in teres t in

being

l ega l ly

married

These in te res ts

include vis i ta t ion as spouses, property r ights

tax incent ives ,

as well as l i f e extending decisions to be

made

by one's spouse.

n

Appelant

has

a

sgfiificant protectable in te res t

in

intervention

i f

(1)

i t

asserts

an

in te res t tha t

i s

protected

under some law and

(2)

there is a relationship

between

i t s

legal ly

protected

in te res t

and

the

Pla in t i f f s

claims.

Donnelly v

Glickman

159

F.

3d

405,

409

G Intervenors

have

a spec i f i c

in teres t in P l a i n t i f f s act ions

i JI


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one or

the

other

intended spouse. Plain t i f fs have not

adequately

protected

the

interes ts of

Ms

Sedlak as a transgender female

who

could

declare herself legal ly

female

i f she

were

a

resident

of

such

s ta tes

as

New

Mexico.

amd

the Intervenors

could

legal ly marry

i f

they

were

able to

move

to

Iowa or

other surrounding s ta tes

were the

same

sex marriage

ban

has

been

ruled

unconsi tut ioonal/

Intervenors

aver

that the i r intervention

i s

not Permissive, bu by right of marraige since the

Supreme Court s

rul ing

on

DOMA

We

s ta te that

the

Court cannot

deny

our

motion

to Intervene as

i t

i s be our r ight to

do so.

Court erred

by

not acceptin

g

as true, al legations

of

evidence submitted

in

support of

motion to

intervene.

Southenn Centre for Biologicacl Diversi ty

v

Berg

268

F.2d 810, 819-820

Intervenors

here ci te the i r previous f i l ings

both

of Federal Court and in

State is tr ic t Court: 8:13cv-130

and

CI13-1225.

Intervenors are

e n t i t l e d to in jun t ive r e l i e f

and

ask for

such

Intervenors ask to have the immediate

r ight

to marry

granted and

to vi s i t

as

legal spouses, persuant

~ ~ ~

/137418

Box 22800

to

Neb R.R.S 251063.

Gracy

1035 Hartley

Lincoln, NE 68521


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Notice:

this correspondence was

mailed

from an

institution operated by the Nebraska

Department

of

Corrections. Its

~ i j ~ e n s o r e

Inmate Name:

Inmate

=v

P. 0 .

Box

22800

Lincoln , NE

68542-2800

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8:14-cv-00356 #34