Case: 3:14-cv-00064-bbc Document #: 69 Filed: 03/21/14 Page 1 of 6

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________ VIRGINIA WOLF and CAROL SCHUMACHER, KAMI YOUNG and KARINA WILLES, ROY BADGER and GARTH WANGEMANN, CHARVONNE KEMP and MARIE CARLSON, JUDITH TRAMPF and KATHARINA HEYNING, SALUD GARCIA and PAM KLEISS, WILLIAM HURTUBISE and LESLIE PALMER, and JOHANNES WALLMANN and KEITH BORDEN, Plaintiffs, v. SCOTT WALKER, J.B. VAN HOLLEN, RICHARD G. CHANDLER, OSKAR ANDERSON, GARY KING, JOHN CHRISHOLM, JOSEPH CZARNEZKI, WENDY CHRISTENSEN and SCOTT MCDONELL, Defendants. ______________________________________________________________________ DEFENDANT RACINE COUNTY CLERK WENDY CHRISTENSEN S ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ______________________________________________________________________ CASE NO. 14-CV-64-BBC

NOW COMES the defendant, Racine County Clerk Wendy Christensen, by her attorneys, the Racine County Corporation Counsel office, for her answer and affirmative defenses to the complaint of the plaintiff, admits, denies and alleges to the Court as follows:

Case: 3:14-cv-00064-bbc Document #: 69 Filed: 03/21/14 Page 2 of 6

ANSWER 1. In answer to paragraph 1, this answering defendant admits that paragraph

1 provides a summary of the plaintiffs causes of action but deny knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraph, and therefore, deny the same putting plaintiffs to their proof. 2. 3. In answer to paragraph 2, this answering defendant admits. In answer to paragraphs 3 through 8, this answering defendant denies

knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 4. In answer to paragraph 9, this answering defendant admits that paragraph

9 provides a summary of the plaintiffs causes of action but deny knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraph, and therefore, deny the same putting plaintiffs to their proof. 5. 6. In answer to paragraphs 10 and 11, this answering defendant admits. In answer to paragraphs 12 through 26, this answering defendant denies

knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 7. 8. In answer to paragraph 27, this answering defendant admits. In answer to paragraphs 28 through 106, this answering defendant denies

knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 9. In answer to paragraph 107, this answering defendant admits but further

alleges that the Wisconsin Constitution and Wisconsin laws speak for themselves.

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10.

In answer to paragraph 108, this answering defendant denies knowledge

or information sufficient to form a belief as to the truth or the falsity contained in the paragraph, and therefore, deny the same putting plaintiffs to their proof. 11. In answer to paragraph 109, this answering defendant admits that Wis.

Stat. 765.30(1)(a) speaks for itself but denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraph, and therefore, deny the same putting plaintiffs to their proof. 12. In answer to paragraph 110, this answering defendant admits that the

domestic partnership law speaks for itself but denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraph, and therefore, deny the same putting plaintiffs to their proof. 13. In answer to paragraph 111, this answering defendant admits that the

case of Appling v. Walker, is pending before the Wisconsin Supreme Court but affirmatively alleges that the case speaks for itself. 14. In answer to paragraphs 112 through 125, this answering defendant

denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 15. In answer to paragraph 126, this answering defendant repeats its

responses to paragraphs 1 through 125 as if fully set forth herein. 16. In answer to paragraph 127, this answering defendant admits that

Amendment XIV, 1 of the United States Constitution speaks for itself.

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17.

In answer to paragraphs 128 through 131, this answering defendant

denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 18. In answer to paragraph 132, this answering defendant repeats its

responses to paragraphs 1 through 125 as if fully set forth herein. 19. In answer to paragraph 133, this answering defendant admits that

Amendment XIV, 1 of the United States Constitution speaks for itself. 20. In answer to paragraphs 134 through 137, this answering defendant

denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 21. In response to paragraph 138, this answering defendant repeats its

responses to paragraphs 1 through 125 as if fully set forth herein. 22. In response to paragraph 139, this answering defendant admits that

Amendment XIV, 1 of the United States Constitution speaks for itself. 23. In response to paragraphs 140 through 144, this answering defendant

denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. 24. In response to paragraph 145, this answering defendant repeats its

responses to paragraphs 1 through 125 as if fully set forth herein.

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25.

In response to paragraph 146, this answering defendant admits that

Amendment XIV, 1 of the United States Constitution speaks for itself. 26. In response to paragraphs 147 through 150, this answering defendant

denies knowledge or information sufficient to form a belief as to the truth or the falsity contained in the paragraphs, and therefore, deny the same putting plaintiffs to their proof. AFFIRMATIVE DEFENSES As and for its affirmative defenses against the plaintiffs, the defendant, Racine County Clerk Wendy M. Christensen, by her attorneys, the Racine County Corporation Counsel office, alleges to the Court as follows: 27. That the complaint fails to state a claim upon which relief may be granted

against this defendant. 28. 29. That the plaintiffs may have failed to join necessary parties. That any injuries and/or damages sustained by the plaintiffs, if at all, were

the result of the actions of third parties and not this defendant. 30. That any injuries and/or damages sustained by the plaintiffs, if at all, were

not caused by any government policy or practice of this answering defendant. 31. That this answering defendant is entitled to sovereign immunity and

qualified immunity under applicable federal law. 32. That this answering defendant is entitled to governmental immunity, public

officer immunity and/or discretionary act immunity. WHEREFORE, this answering defendant requests the following relief: 1. That the plaintiffs complaint be dismissed with prejudice.

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2.

In the event the complaint is not dismissed as to this defendant, that this

court declare and define the Wisconsin Constitution and Wisconsin Laws regarding marriage to clarify the role and duties of this defendant in serving as the Racine County Clerk. 3. For an order denying the Plaintiffs request for an award of costs,

expenses and attorneys fees incurred in this action against the defendant, Wendy Christensen, in her capacity as the Racine County Clerk. 4. equitable. Dated at Racine, Wisconsin this 21st day of March, 2014. Racine County Corporation Counsel Office For such other and further relief as the Court shall deem just and

s/ John P. Serketich ______________ JOHN P. SERKETICH State Bar No. 1022080 Assistant Corporation Counsel Attorney for Defendant, Racine County Clerk Wendy M. Christensen 730 Wisconsin Avenue Racine, WI 53403 Telephone: 262-636-3758 FAX: 262-636-3549 E-Mail: john.serketich@goracine.org