Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN
CHELSEA TORRES and JESSAMY
TORRES, individually and as next friends and
parents of A.T., a minor child,
versus

Plaintiffs,

CASE NO. 15-cv-288

KITTY RHOADES, in her official

capacity as Secretary of the State of
Wisconsin Department of Health Services,
Defendant.

COMPLAINT FOR
DECLARATORY AND
INJUNCTIVE RELIEF

Plaintiffs CHELSEA TORRES (Chelsea) and JESSAMY TORRES

(Jessamy), individually and as next friends and parents of A.T., a minor child
(collectively, Plaintiffs or the Torres family), by and through their attorneys, file this
Complaint against Defendant KITTY RHOADES, in her official capacity as Secretary of
the Wisconsin Department of Health Services (DHS) and allege as follows:
INTRODUCTION
1.

Chelsea and Jessamy are a legally married lesbian couple residing in

Madison, Wisconsin, in Dane County. Their infant son, A.T., was conceived through
anonymous donor insemination and born in Meriter Hospital in Madison, Wisconsin after
Chelseas marriage to Jessamy. Chelsea and Jessamy filled out the birth certificate
worksheet at the hospital, indicating on the form that they are married and that both are
A.T.s parents. However, DHS has refused to provide A.T. with an accurate birth
certificate that identifies both Chelsea and Jessamy as his parents. Indeed, upon
information and belief, DHS has refused to provide any child born to same-sex spouses
an accurate birth certificate listing both spouses as parents absent a court order of
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Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 2 of 12

adoption or parentageeven though DHS routinely provides two-parent birth certificates

to all children born to different-sex spouses without requiring a court order, and without
any regard to how these children are conceived, or whether these children share a genetic
connection to both spouses.
2.

The refusal by DHS to provide an accurate two-parent birth certificate to

A.T. and other children born to same-sex spouses deprives these children of the dignity,
legitimacy, security, support, and protections available upon birth to children of married
different-sex parents, and denies Chelsea, Jessamy, and other same-sex spouses who are
parents the privacy, dignity, security, support, and protections available to married
different-sex parents.
3.

The refusal by DHS to provide a two-parent birth certificate to A.T. and

other children of same-sex spouses violates the equal protection guarantee of the United
States Constitution by discriminating against Chelsea, Jessamy, and other married samesex parents on the basis of their sexual orientation and sex, and against A.T. and other
children on the basis of their parents sex, sexual orientation, and status, all without
adequate justification.
4.

The refusal also violates the due process guarantee of the United States

Constitution by unconstitutionally infringing on the liberty interests of each member of

the Torres family and other same-sex spouses and their children to family privacy,
integrity, and association, which includes the fundamental right to security in their legal
parent-child bonds. The refusal also violates the fundamental right to parental autonomy
shared by Chelsea, Jessamy, and other same-sex spouses who have children, including
their fundamental right to make decisions concerning whether and how to increase their
family, and decisions concerning the care, custody, and control of their children that are
2

Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 3 of 12

presumptively in their childrens best interests. The refusal by DHS to treat both samesex spouses as parents of children born to them after their marriage also violates these
spouses liberty interests shielded by the fundamental right to marry.
5.

The Torres family now brings this action asking this Court to: (1) declare

that Defendants refusal to issue accurate two-parent birth certificates for children born to
same-sex spouses, including A.T., is unconstitutional; (2) enjoin Defendant from
continuing her policy, or custom and practice, of denying children born to same-sex
spouses birth certificates that list both spouses as the childs parents; and (3) further order
Defendant immediately to issue a correct birth certificate to A.T. that lists both Chelsea
and Jessamy as his parents in reliance on Chelseas and Jessamys marriage.
JURISDICTION AND VENUE
6.

Plaintiffs bring this action under 42 U.S.C. 1983 and 1988 to redress

the deprivation of rights secured by the laws and the Constitution of the United States.
7.

This Court has original jurisdiction over the subject matter of this action

pursuant to 28 U.S.C. 1331 because the matters in controversy arise under the laws and
Constitution of the United States.
8.

This Court has personal jurisdiction over Defendant because she is

domiciled in the State and/or has otherwise made and established contacts with the State
sufficient to permit the exercise of personal jurisdiction over her.
9.

Venue is proper in the Western District of Wisconsin under 28 U.S.C.

1391(b)(1) and (2) because Defendant resides in this district, and a substantial part of
the events that gave rise to Plaintiffs claims occurred in Madison, Wisconsin, in Dane
County.

Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 4 of 12

PARTIES
10.

Plaintiffs Chelsea Andiar Torres, age 36, and Jessamy Flaherty Torres, age

35, both women, are spouses who reside in Madison, Dane County, Wisconsin. They
each appear individually and as parent and next friend of their son, Plaintiff A.T., a minor
child. Chelsea and Jessamy are harmed by the denial of a birth certificate to A.T. that
names both Chelsea and Jessamy as his parents.
11.

Plaintiff A.T. sues through his parents and next friends, Plaintiffs Chelsea

and Jessamy Torres, who bring this action on behalf of A.T. because he is harmed by the
denial of a birth certificate naming both Chelsea and Jessamy as his parents.
12.

Defendant Kitty Rhoades is sued in her official capacity as Secretary of

DHS. Defendant is a person within the meaning of 42 U.S.C. 1983 and was acting
under color of state law at all times relevant to this Complaint. The Wisconsin Vital
Records Office, which is responsible for the filing, preserving, protecting, changing, and
issuing copies of birth certificates, is a unit of DHS and is controlled by Defendant.
STATEMENT OF FACTS
13.

Chelsea and Jessamy Torres are a lesbian couple who have been friends

since 2001. They have been in a loving, committed relationship since 2010. They were
married on September 7, 2012, in New York, New York, in front of friends and family.
Jessamy is a deputy with the Dane County Sheriffs Department, and Chelsea works for a
local cleaning company.
14.

From the beginning of their relationship, Chelsea and Jessamy knew that

they wanted to be parents and have children together. In or around September 2013,
Chelsea and Jessamy began working with a fertility clinic in order for Chelsea to
conceive via assisted reproductive technology, which was ultimately successful. They
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Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 5 of 12

both considered themselves and each other to be partners in the process, including with
respect to selection of the anonymous donor.
15.

On or about March 13, 2015, Chelsea was admitted to Meriter Hospital in

Madison, Wisconsin to give birth. During the birth, there were complications, and
Jessamy watched as her wife hemorrhaged and her son turned blue due to lack of oxygen.
Jessamy was terrified that her wife and child would not survive. Fortunately, both
Chelsea and A.T. survived, though both were required to spend several days in the
hospital following the birth, and A.T. was placed in intensive care. Jessamy stayed at the
hospital throughout this period, moving between floors to help care for both her wife and
son.
16.

On or about March 14, 2015, while at the hospital, Chelsea and Jessamy

filled out a DHS form for the purpose of obtaining a birth certificate for A.T. On the
form, Chelsea and Jessamy indicated that they are married and that both are parents to
A.T., and they supplied DHS with the requested information for both parents.
17.

On March 30, 2015, Chelsea and Jessamy received a Notification of

Birth Certificate Registration from DHS that, without explanation, incorrectly omitted
all of Jessamys information and listed only Chelsea as A.T.s parent. A copy of the
Notification is included as an exhibit to the attached Exhibit A.
18.

On April 24, 2015, counsel for the Torres family sent a letter to Defendant

requesting confirmation within seven days of its receipt that DHS intends to issue a
correct birth certificate that accurately lists both Chelsea and Jessamy as A.T.s parents.
A copy of the letter is attached hereto as Exhibit A.
19.

On May 1, 2015, the Chief Legal Counsel for DHS wrote to counsel for

the Torres family stating that the Vital Records Office . . . is evaluating the request and
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Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 6 of 12

will respond when that evaluation is complete. At the time of filing this Complaint, the
Torres family has not received a correct copy of A.T.s birth certificate that lists both of
his parents.
20.

Under Wisconsin law, a birth mothers spouse is the presumed parent of a

child born during the marriage (hereafter termed the spousal presumption of parentage
or spousal presumption). Specifically, Wis. Stat. 891.41(1)(a) states that a man is
presumed to be the natural father of a child if he and the childs natural mother are or
have been married to each other and the child is conceived or born after marriage and
before the granting of a decree of legal separation, annulment or divorce between the
parties. The spousal presumption also applies to married couples who use assisted
reproductive technology. See Wis. Stat. 891.40 (If, under the supervision of a licensed
physician and with the consent of her husband, a wife is inseminated artificially with
semen donated by a man not her husband, the husband of the mother at the time of the
conception of the child shall be the natural father of a child conceived.).
21.

In accordance with the spousal presumption, Wis. Stat. 69.14(1)(e)1

provides: If the mother of a registrant under the this section was married at any time
from the conception to the birth of the registrant, the name of the husband of the mother
shall be entered on the birth certificate as the legal father of the registrant. The name of
the father entered under this subdivision may not be changed except by a proceeding
under ch. 767.
22.

Upon information and belief, and as required by Wis. Stat. 69.14(1)(3)1,

DHS issues birth certificates to children born to married different-sex couples listing both
spouses as parents regardless of whether these children have a genetic connection to both
spouses. Thus, DHS issues two-parent birth certificates to children born to different-sex
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spouses even when the husband is not the childs genetic parent because the couple
achieved pregnancy through use of donor insemination, or because the mother had
intercourse with a man other than her spouse.
23.

Defendants refusal to provide the Torres family with an accurate birth

certificate for A.T. poses significant and ongoing harm to A.T. and his parents, Chelsea
and Jessamy, and renders the family vulnerable to future harm.
24.

Without an accurate birth certificate, it is difficult if not impossible for the

Torres family to comply with legal identification requirements for A.T. Birth certificates
are vital to A.T.s ability to obtain a Social Security card and a passport.1
25.

When A.T. or his parents must produce a birth certificate to establish

Jessamys parental rights and Jessamys ability to take actions on A.T.s behalf, such as
to enroll him in daycare or school or extracurricular activities (Wis. Stat. 118.01 et seq.)
or authorize medical treatment (Wis. Stat. 146.81(5)), they are unable to do so.
26.

State agencies and employers often request birth certificates to enroll a

child for needed benefits. See, e.g., Wis. Stat. 632.885 (regarding health insurance for a
child through a parents employer-sponsored group plan). Recognition of a parent on a
birth certificate also provides for Social Security survivor benefits to the child in the
event of the parents death and provides inheritance to the child if a parent dies intestate.
See Social Security Administration, Benefits for Children, available at
http://www.ssa.gov/pubs/EN-05-10085.pdf.; Wis. Stat. 852.05.
27.

Birth certificates often are most essential when a family goes through

unforeseen family tragedies or crises. Indeed, during A.T.s birth, Jessamy feared that
1

See Social Security Administration, Learn What Documents You Need To Get A Social
Security Card, available at http://www.ssa.gov/ssnumber/ss5doc.htm; United States
Department of State, Passports for Minors Under 16, available at
http://travel.state.gov/content/passports/english/passports/under-16.html.
7

Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 8 of 12

Chelsea might not survive, and that she would lose both her wife and her ability to
establish her parental rights with respect to her newborn son. Fortunately, the staff at
Meriter Hospital treated Jessamy as A.T.s parent, but absent an accurate birth certificate,
she may not be as fortunate in future medical emergencies.
28.

If a family falls on hard economic times, birth certificates may be required

to apply for benefits on behalf of the child. Moreover, if A.T. were to go missing or be
kidnapped, law enforcement agencies often require parents to produce a birth certificate
to report a missing child or secure his return.
29.

If a couples marriage breaks down, birth certificates commonly are

necessary for a state agency to obtain delinquent child support.

30.

Even if Chelsea and Jessamy can explain the discrepancies in the birth

certificate and establish Jessamys equal claim to exercise control over A.T.s care and
custody, having to do so is likely to invade the privacy of the Torres family by revealing
which parent has a genetic connection to A.T., which is a fact that Plaintiffs may not wish
to share in all circumstances.
31.

Defendants policy and practice of denying birth certificates to children

born to same-sex parents serves as an unjustified barrier to the ability of the Torres
family to exercise their rights stemming from their legal parent-child relationships by
making it more difficult for them to obtain the benefits and protections that families
whose children have married different-sex parents can more easily obtain.
32.

Defendants discriminatory denial of an accurate birth certificate to A.T.

denies him the dignity, legitimacy, security, support, and protections available upon birth
to children of married different-sex parents, and denies Chelsea and Jessamy the privacy,
dignity, security, support, and protections available to married different-sex parents.
8

Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 9 of 12

There is no justification, let alone a constitutionally adequate one, for imposing these
harms on the Torres family.
CLAIMS FOR RELIEF
COUNT I
Deprivation of Equal Protection
U.S. CONST. Amend. XIV
(42 U.S.C. 1983)
33.

Plaintiffs incorporate by reference and re-allege all of the preceding

paragraphs of this Complaint as though fully set forth herein.

34.

Plaintiffs state this cause of action against Defendant in her official

capacity for purposes of seeking declaratory and injunctive relief.

35.

The Fourteenth Amendment to the United States Constitution, enforceable

pursuant to 42 U.S.C. 1983, provides that no state shall deny to any person within its
jurisdiction the equal protection of the laws. U.S. Const. amend. XIV, 1.
36.

Defendants refusal to apply the spousal presumption of parentage to

same-sex spouses and accordingly to issue two-parent birth certificates to children born
to same-sex spouses discriminates against Chelsea and Jessamy on the basis of both their
sex and sexual orientation without even a rational justification let alone the required
compelling showing that the overall societal benefits of the discrimination clearly
outweigh the harms inflicted upon its victims.
37.

Defendants refusal to provide an accurate two-parent birth certificate to

A.T. harms him by incorrectly labeling him the child of an unwed parent, depriving him
of access to immediate, clear proof of his relationship to both of his parents and the
security that comes with having two parents on his birth certificate. The denial of an
accurate birth certificate to children born to same-sex spouses discriminates against such
children on the basis of their parents status as a same-sex couple, and their parents sex
9

Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 10 of 12

and sexual orientation. There is not even a rational, let alone important, justification for
such discrimination.
COUNT II
Deprivation of Due Process
U.S. CONST. Amend. XIV
(42 U.S.C. 1983)
38.

Plaintiffs incorporate by reference and re-allege all of the preceding

paragraphs of this Complaint as though fully set forth herein.

39.

Plaintiffs state this cause of action against Defendant in her official

capacity for purposes of seeking declaratory and injunctive relief.

40.

The Fourteenth Amendment to the United States Constitution, enforceable

pursuant to 42 U.S.C. 1983, provides that no state shall deprive any person of life,
liberty, or property, without due process of law. U.S. Const. amend. XIV, 1.
41.

The Torres family has a liberty interest in their family privacy, integrity,

and association, which includes the fundamental right to security in their legal parentchild bonds. Moreover, Chelsea and Jessamy have a protected liberty interest in their
parental autonomy, including the fundamental right to make decisions concerning
whether and how to increase their family, and concerning the care, custody, and control
of their child, A.T., that are presumptively in his best interests.
42.

By refusing to issue A.T. a birth certificate that correctly identifies both

Chelsea and Jessamy as his parents, Defendant is unconstitutionally infringing on those

liberty interests and depriving the Torres family of the single most important identity
document necessary to demonstrate their familial relationship to A.T.
43.

The interest of parents in the care, custody, and control of their children is

deeply intertwined with the fundamental right to marry. Wisconsins spousal presumption
of parentage is a benefit of marriage that protects a marital child and his or her bonds to
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Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 11 of 12

and right of support from both parents. By declining to apply the spousal presumption of
parentage to children born to same-sex spouses, and depriving these families of accurate
two-parent birth certificates, Defendant not only has infringed impermissibly on samesex spouses fundamental parental interests, but also upon their fundamental liberty
interests in their existing marriage.
44.

There is no constitutionally adequate basis for Wisconsins decision to

infringe on the fundamental rights of same-sex parents, let alone an interest that can
survive the elevated scrutiny required to justify infringement of these fundamental rights.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment:
A.

Declaring that Defendants refusal to issue a birth certificate to A.T. on the

same terms as to children of married different-sex parents violates all Plaintiffs

guarantees of equal protection under the Constitution of the United States;
B.

Declaring that Wis. Stat. 69.14(1)(e)1, 891.40(1), and 891.41(1)(a) are

invalid and unconstitutional as written and are henceforth to be construed in a genderneutral manner to require application of the spousal presumption of parentage to samesex couples and issuance of two-parent birth certificates to same-sex spouses
accordingly;
C.

Declaring that Defendants refusal to issue a birth certificate to A.T. that

names both Chelsea and Jessamy as his parents violates all Plaintiffs rights under the
Due Process Clause of the Constitution of the United States;
D.

Enjoining Defendant from continuing to enforce her policy, or custom and

practice, of denying to children born to same-sex spouses birth certificates that list both
spouses as the childs parents;
11

Case: 3:15-cv-00288 Document #: 2 Filed: 05/13/15 Page 12 of 12

E.

Ordering Defendant to immediately issue a correct birth certificate to

A.T. that lists both Chelsea and Jessamy as his parents in reliance on Chelseas and
Jessamys marriage;
F.

Awarding Plaintiffs costs, expenses, and reasonable attorneys fees

pursuant to, inter alia, 42 U.S.C. 1988 and other applicable laws; and,
G.

Granting such other and further relief as the Court deems just and proper.

DATED: May 13, 2015

Respectfully submitted,

Tamara B. Packard
Cullen Weston Pines & Bach LLP
122 West Washington Avenue, Suite 900
Madison, Wisconsin 53703
(608) 251-0101
packard@cwpb.com

/s/ Clearesia A. Lovell-Lepak

Clearesia A. Lovell-Lepak
Lovell-Lepak Law Office
Post Office Box #44623
Madison, Wisconsin 53744
(800) 216-3921
claire@clairelepak.com

* Motions for admission

pro hac vice pending

Kyle A. Palazzolo*
Camilla B. Taylor*
Christopher R. Clark*
Lambda Legal Defense and Education Fund,
Inc.
105 W. Adams, Ste. 2600
Chicago, Illinois 60603
(312) 663-4413
kpalazzolo@lambdalegal.org
ctaylor@lambdalegal.org
cclark@lambdalegal.org
ATTORNEYS FOR PLAINTIFFS

12

Case: 3:15-cv-00288-bbc Document #: 2-1 Filed: 05/13/15 Page 1 of 2

JS 44 (Rev. )

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

CHELSEA TORRES and JESSAMY TORRES, individually and as next

friends and parents of A.T., a minor child

(b) County of Residence of First Listed Plaintiff DANE

KITTY RHOADES, in her official capacity as Secretary of the State of

Wisconsin Department of Health Services
County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Attorney Sandra M. Rowe, Chief Legal Counsel, Wisconsin

Department of Health Services, 1 W Wilson St Ste 651, PO Box 7850,
Madison WI 53707-7850

(see attachment)

II. BASIS OF JURISDICTION

(Place an X in One Box Only)

u 1

U.S. Government
Plaintiff

u 3 Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

CONTRACT
u
u
u
u
u

u
u
u
u

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u

u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u

V. ORIGIN

u 1 Original
Proceeding

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

(For Diversity Cases Only)
PTF
Citizen of This State
u 1

PRISONER PETITIONS
u 510 Motions to Vacate
Sentence
Habeas Corpus:
u 530 General
u 535 Death Penalty
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
u 4 u 4
of Business In This State

u 2

Incorporated and Principal Place

of Business In Another State

u 5

Citizen or Subject of a
Foreign Country

u 3

Foreign Nation

u 6

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability

DEF
u 1

Citizen of Another State

(Place an X in One Box Only)

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Med. Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

DANE

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

u 625 Drug Related Seizure

of Property 21 USC 881
u 690 Other

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark

u
u
u
u
u
u

LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

u
u
u
u
u

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609

OTHER STATUTES
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
u 462 Naturalization Application
u 463 Habeas Corpus Alien Detainee
(Prisoner Petition)
u 465 Other Immigration
Actions

(Place an X in One Box Only)

Transferred from
u 2 Removed from
u 3 Remanded from
u 4 Reinstated or u 5 another district
u 6 Multidistrict
State Court
Appellate Court
Reopened
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

42 U.S.C. 1983 and 1988

VI. CAUSE OF ACTION Brief description of cause:

Const. challenge to DHS's refusal to provide two-parent birth certificates to children born to same-sex spouses

CHECK YES only if demanded in complaint:

DEMAND $
u CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER F.R.C.P. 23
u Yes
u No
JURY DEMAND:
Declaratory and Injunctive Relief
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
JUDGE
DOCKET NUMBER
IF ANY
DATE

SIGNATURE OF ATTORNEY OF RECORD

/s/ Clearesia A. Lovell-Lepak

05/13/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case: 3:15-cv-00288-bbc Document #: 2-1 Filed: 05/13/15 Page 2 of 2

Attachment to
CIVIL COVER SHEET
I. (c) Attorneys for Plaintiffs
Clearesia A. Lovell-Lepak
Lovell-Lepak Law Office
P.O. Box 44623
Madison, Wisconsin 53744
(800) 216-3921
Kyle A. Palazzolo*
Camilla B. Taylor*
Christopher R. Clark*
Lambda Legal Defense and Education Fund, Inc.
105 W. Adams, Ste. 2600
Chicago, Illinois 60603
(312) 663-4413
Tamara B. Packard
Cullen Weston Pines & Bach LLP
122 West Washington Avenue, Suite 900
Madison, Wisconsin 53703
(608) 807-0752
*Motions for admission pro hac vice pending

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Case: 3:15-cv-00288-bbc Document #: 2-3 Filed: 05/13/15 Page 1 of 7

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Case: 3:15-cv-00288-bbc Document #: 2-3 Filed: 05/13/15 Page 2 of 7

Case: 3:15-cv-00288-bbc Document #: 2-3 Filed: 05/13/15 Page 3 of 7

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Th&~ Q!lhe City C!~rl(

141 WORTH S't'R!iET

tEw V{)RI<, NV i0013

tmllud StabW!f

hplember{}J,

12

20

005 67

Exhibit A

Case: 3:15-cv-00288-bbc Document #: 2-3 Filed: 05/13/15 Page 4 of 7

SECOND PARENT

Year YYYY :

ti!
D
D

flet::{in\I Parent's race;

C:hrek 11.U !hat apply"

1980

a
turume Chie3!!t>

Spimia:rd, S11J~ l>omroicau, Ctt11iuulliM}

WMte
lllal:k -0r Mrili&l Atru1timn
A~<:im mtlian m: Al Naive {mane uf
<:11m!led-01 priltcii}lll tribe):"""""-"""""""""""

Vk'W111Ufflil

l.J;tttiun
Htiloog
Oilier Au\M

(~ify);

..

SRl:tKmU

Dl1wt.P~iflc !.lander (~fy: ---,,

\o

exhibit B

Case: 3:15-cv-00288-bbc Document #: 2-3 Filed: 05/13/15 Page 5 of 7

Se<:011d I'lmmt'!t edttcatl-On:

ChOOse 00 <~tioo from the list.

Enter tile highcat levei ofscltootlng

that the second

bi;$ emnplded

&"'pie or le% .
O 9"' -tr' gratle, IW diploma
Nlj!.h liel~ool g~ m GiID iffljJ!t~
D Some ool!~e cretlii:, but tiP ~
i\$ilt:mian, ..,(e.g., AA, AS)
Bl ~t's ~{e.g., 'SA, A~,~)
llb.ster'll&gree (1:,g:~ fl;ti\, w;, ~~~I, .MSW, i'.mA}
f)l.'it'irote (e.g;, f'111J, li1Jl)j or Pw.ifft!ll!iw;;l tlcgiu {e.g., Mt!, ODS, tJVM, L!JJ, JD)

Number:

Exhibit B

Case:
3:15-cv-00288-bbc
l)f'.f'Alff.MENT OF
:UF..ALTH
SERVfCJi)S
l)i~ii\i{ln n{ f'1.1hlic Health
F..{)5211 (R.l!V. til!l\l)

Document #: 2-3 Filed: 05/13/15 Page 6 of 7SiATE OP WlSCONSlN

P~lof2

NOTIF.ICATION'OFlllRTHCERTIFICATFlR.ECISTRATtON

This docmntnt s NOT~ bjrth certifimitt ~mi CANNOT~ nscdJor ldentitl~tmnpurp~es.

A birth certifl~re for yourbahy wa.$.regi.stere.d with the Wi~<;insin Vital . R.~9rd$ Off.lee on 03/l
! S. 2015012 7 l O
Ptea.~e r<Wiew the hh1h eertiheat~ infonnatiou below iu:td enter any cor.reetious;

g;zo

.Enter current address here, If incorrect

TO:

CHELSEA TORRES

4705 SPLINT RD
MADISON Wl :53il8
lNSTRJJC:VONS: Enter oo~ons if any, siJll; md ret~. immooiateiy. Ct!fTeedons requested after 3:()5 days may require a ct>urt Qrdet and
fee. Y-0u will ,oot l.ienodfw4.ofoo~tio.n$unlessy<1tt purchas~a birth certificate. S"th~htlck of ilds.form forinstructiorui.~n ordering
your eidfd'5 birth e.t.~rt:Uleate. Ylu ~ ll$e d:ds fol'fu tQ t~tiest .a nan\e ~h:at'lie fQr y<lur dllld, only to 'Ccrrt~t ~ error, You -0an requ~til
llat:ne chan:ge form by writinlt to the a4~ss <1t'l the htk of thisf-0rrn,
..
ChihJA61 fafcrrmatitni
As it A.W~ts t1n the Hidll C~rtl~~t .N(}w
ltnter Cu.rreetlt:Jusllntorpure las <::ot.~d1ntflS

-~'-'--_.- - - - - - - - - - - -

First Nmn<r.
Middle N~:

Last Name:
.

CQutact th~ hoseHnl iftllls fa inco1.1ect,

Date/Time of Birth:

l\>fother'$ .Iut<Jrm~tron
Current First Name:

Current Middle Na:ine:

Curtent Last Nn;me:

TORRES

Birth First Name:

Birth Middle Name:
Birth Last Name;
Date/State of Birth:
Fatlterts fnformatfon may be added .t.o the birth cert!ficatit ifboth parentssign a 'Voluntary PaternityAcimowll}dgment' (VPA). fO!':m .or
i:f they 140 t{) court ro estahHsh paterrticy. Yoo can. requei;t a VPA f9rm by wdt!n.g t-0 the, address om the back of this form. Ifthe VPA
process has beell camp!ete-0. th<~- father's information wm appear on your chUd*g certified birth e-ertift~te, but not Qn this fumt

'\o;<'~ C!!M-~ii;:::~a

t~~ c~".~J.5

~ (l\,,ttA.:tA:...

MJ
~M

. .

})At M
.... ' 'Pl
~""' ~.

i 1 DM

. ,

tl~.A

J. JJPL"".!l
.. 'T
1~lt"J s
PN'
'

( t?k)

C.r

f'vl' :

Fl~i..rr~

J'f5$#\rv.'j
A Sooh\I SeeurityCard \\ia:um.1ered foryo11.r child.

. .

5}~~~~~C$'.ll!l!fvt lrt";ew~:fr

from the date Yi:m receive this nodce. Any qu:t'tiot1s about the S&tlai $1!Cc'W'ity cart}, c4/t f-8()()~ tt2~I213.

J authorize tMt:hM~(s) as irtdlellt~d above, l affirm that l 11m the patemofthe 11!:,wvenamt.ehi!d, l!lU :the infol'l'.'M:dtm !st~~
correct, and I have legal c;ustody <rfthis chl~d. PENALTIES: Anypersun w!~uwmt\!UyMd k!1owinglysuppites al\}" false.infommtioo tQbe u~

. certtl'lq~ shiiltbe iioodM~ m1Jre till.Ill $10,0 or htlpriS()ned rmt mott .than 3,years az:id 6 ,munths i>.f oot!t.
... .

SIONATIJ!tB of Pare11t (fur c<:1rr-ections)

. ~-.;?

l: /. ~.

1 .

. .

tooay s Date

,.

1396174

Exhiblt C

f"<i.UHU\il'HH,4t.-UI

F~OS217

Case: 3:15-cv-00288-bbc Document #: 2-3 Filed: 05/13/15 Page 7 of 7

PH~-l.l

\ ..""V~tUt1....~~JH;; \'-tf,l::".H ...UIUll

(REV, () l/1 {l)

it

to:

not

and