marriage equality lawsuit plaintiffs

8/9/2019 Marriage Equality Lawsuit Plaintiffs

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In a marriage ceremony sixteen years ago, Susan and Sally pledged til death do us part in front

of their God, their family and their friends. Unfortunately for this couple, a terminal diagnosisand Nebraskas marriage ban means a lack of security for them and their children.

Sally, 58, and Susan, 53, met through work seventeen years ago. They both have a background intraining and development. A year after they started dating, the couple got married at North SideChristian Church in Omaha. The couple wanted to begin a family and adopted a little girl, Ella,in 2001. Because of Nebraskas laws, only one of them could be the adoptive parent.

Concerned about their daughter being denied the protections of having two legal parents, Susanand Sally then made the very difficult decision to leave Nebraska and their families behind. Theymoved to California where Sally could become a joint parent to Ella and where they could jointlyadopt a second little girl, Jaden. Susan and Sally registered as domestic partners and becamelegally married in 2008.

The couple had a family that was legally protected and jobs at UC Davis. The Great Plains calledthem home, however, and in 2010 they moved back to be closer to their aging parents, siblings,

Photo Courtesy of Jason McClaren

Sally & Susan WatersWe have said publically before God, our family and our friendsthat we love each other and are committed to one another andour children. At this moment, I want to spend time loving mychildren and my wife while knowing that should I die, they willbe cared for.

Sall

aclunebraska.org/out4freedom


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cousins and extended family. In spite of the legal recognition in California, they missed theirfamily and wanted a larger family for their children. Ella is currently 13, Jaden 10, and theirfamily now includes Kayla, now 18, for whom Sally and Susan are legal guardians.

Sally returned to working in their ongoing consulting firm founded in 1998, Waters &

Associates. Susan took a job at UNO. That is when the family was confronted with terrible news.In January 2013, Sally was diagnosed with stage three breast cancer. She had surgery, chemo andradiation. The very rough treatments forced her to give up working. She had a clearmammogram in 2013 and took a job at Mutual of Omaha, but then in June 2014 the doctorsdiscovered the cancer had returned and spread to her spine. She currently has stage four breastcancer, which is invasive and terminal. The family is doing their best to get their affairs in order,knowing that in the eyes of Nebraska, the two women who have spent nearly two decades caringfor each other and their children are legal strangers.

Sally understands she is not going to be cured but is staying positive with family and churchsupport. The couple is still active at North Side Christian Church where they were wed. Shes

also still active in breast cancer education effortsshe was a calendar girl for Project Pinkd.

Planning for a single-family income, theyve moved into a smaller home. Susan wont becovered by Social Security survivor benefits, though the children will be. The options for Sallysretirement plan are also impacted because the couple isnt considered married. Susan will have topay 18% inheritance tax on half of the property they share including their family home. Susanand the children could be left without a way to stay in their home should Sally die.



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Crystal Von Kampen spent several years of her life in the Navy as a Hospital Corpsman. Whiledeployed in Iraq with the Marine Corp, she says she saw things no one should have to. Nowthat she has been honorably discharged and is living with PTSD, she wants her wife, Carla, andtheir family to have a basic sense of security other military veterans and their families have.

Crystal, 35, and Carla Morris-Von Kampen, 40, have spent most of their lives in the town ofNorfolk. They have been together for five years and celebrated their one year marriageanniversary at the beginning of November.

Carla recently decided on a career change. She went from owning her own business to workingas a family advocate for a non-profit specializing in families with children that have emotional

Crystal Von Kampen &

Carla Morris-Von Kampen

Because of what I gave for my country, I am now disabled. Mywife and the family weve created are facing challengesbecause Nebraska doesnt recognize our marriage. The

families of all veterans need to be honored, no matter whatstate we call home.

Crystal



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and mental disabilities. Carla has two adult children from a previous relationship. After meetingCrystal, Carla's son became inspired to join the military and Carla's daughter is a junior majoringin Exercise Science at Wayne State College.

The couple and their children can benefit from medical insurance and use of military base

facilities. This is because the federal Veterans Administration recognizes their marriage.However, there are several areas where the VA either relies upon state law or where the state isproviding a benefit to a veterans family. A few of these areas are creating incredible difficultiesfor the family.

Crystal and Carla put in a joint application for a VA home loan that would cover the loan anddown payment on the familys new home. On the eve of closing, the state VA administrationoffice said the couple is not considered legally married in Nebraska and a loan from the VA wasdenied. The couple scrambled to secure a down payment from family members, costing them$11,000 that a Veteran who wasnt gay or lesbian wouldnt have to pay.

Carla's daughter does not get the tuition benefit afforded to other children with a disabled veteranas a parent or step-parent. Through student loans, a Pell grant and a Chapter 35 GI Bill which is afederal program, Carla's daughter has made things work. She has to pay $5,600 a year for tuitionthat she would not have to pay if her moms marriage was recognized.



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Kathleen Kllstrm-Schreckengost grew up in Omaha and moved away to go to Barnard Collegewhere she met Jessica in 2004. The couple started dating soon after meeting and quickly fell inlove. In 2010 they were married in Massachusetts.

The couple has had a successful career in the New York City area but recently moved back toNebraska. Kathleen is a therapist who is joining a group practice called Arbor FamilyCounseling Associates. Jessica graduated from Rutgers Law School and has worked as a litigatorfor a large Wall Street law firm. She hopes to continue her legal career in Nebraska.

Their son Sebastian was born in February of this year while the couple was living in New Jersey.Jessica gave birth and both parents names are on the birth certificate. They hope for anotherchild and are already making arrangements to grow their family but they worry that if they hada child in Nebraska, he or she wouldnt be able to have two legal parents.Even with Sebastian, they worry that Nebraskas refusal to recognize their marriage sends amessage that his family is less deserving of support and respect than other families. Moreover,


Jessica & Kathleen

Kllstrm-Schreckengost

We decided to move back to the Good Life to raise our son. Wehad to choose between a good quality of life and legal security.Our family should have both the quality of life that comes withNebraska and the security that comes with legal marriage.

Kathleen



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because of the lack of legal recognition of their marriage, Kathleen and Jessica will have to takeon additional expenses to get legal documents such as powers of attorney and health care proxiesin order to provide some of the protections that come with marriage, although they know that nolegal documents can provide most of the protections of marriage.

When Kathleen was a sophomore in high school, she was active in the opposition to Amendment416, and in part due to the political climate in Nebraska, decided to move out of state for college.She never realized that the Amendment would have such a direct effect on her life, but having achild motivated Kathleen and Jessica to move back to Nebraska to be near family and to givetheir son a Midwestern upbringing. Sadly, the cost of moving to Nebraska to be close to familywas to be effectively unmarried and, thus, considered less of a family in the eyes of the state.

Kathleens parents are both teachers in Omaha. Her sister, married with three children, lives inPapillion. Kathleen and Jessica are enjoying being near to family so Sebastian can spend timewith his cousins. Kathleen looks forward to her children experiencing things like the farmersmarket and pumpkin patches.



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Greg Tubach & Bil Roby

In the evenings when we look over at each other and know we are there for the other that iswhen we know we are right for each other.

Bil and GregOne day Greg, 49, and Bil, 57, met while playing a game of pool in Lincoln. 28 years and severalarguments over who will shovel the snow later, the couple is still together and living in Lincoln.They have said that when they get married, they will do it in the state they love and have calledhome for most of their lives.

Greg works from home and has been with his company for almost two decades. Bil works for theState of Nebraska.

Greg was born and raised in Lincoln. Bil moved here as a young boy. After the couple met, they

moved to College Station, Texas, while Greg was in graduate school at Texas A&M University,later moved to Indiana for two years, and moved back to Lincoln in 2001 to support the familywhen Gregs dad was dying from cancer.

Gregs mom is currently in an assisted living home in Lincoln. She lights up when Bil comeswith Greg to help her and visit. Bil also has a nephew and a niece in Lincoln who, according toBil and Greg, are like our kids.

Being by each others side as their parents have had medical issues and passed away has beenone of the most meaningful parts of their relationship. They dont think about their love for andcommitment to each other in terms of momentous occasions, but rather spending time with each

other by the fire pit at night or helping each other with chores. For over a decade theyve owneda lake cabin outside of Lincoln where they go over the summers. They enjoy knowing all of theother families that get together at the lake.

They have done their best to plan for each other through wills and powers of attorney documents all things they wouldnt need if they could get married in Nebraskabut know that this onlyprovides them a fraction of the protections that come with marriage.



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When Marj Plumb, 55, and Tracy Weitz, 49, moved to Omaha this year for a job, they broughtwith them a half-million dollar a year business, two distinguished careers, and mounds of legalquestions.

They have been a couple for ten years but have known each other for longer. They met almosttwo decades ago when they were both living in the San Francisco area. In 2008 during a vacationwith extended family, they got married. The wedding was a small intimate affair. To them, it wasperfect, being in a small rural community with their family and formalizing the love they haveshared for years.

After a job offer for Tracy, which they couldnt turn down, they moved into a 100 year old housein Dundee with their two big dogs. In the time theyve been in Nebraska they hired localcontractors and businesses to help them renovate their home, a centerpiece in the historic


Marj Plumb & Tracy Weitz

I was born and raised in the Midwest, with siblings, nieces andnephews and their families now within a days reach. We didntcome to Nebraska to pick a fight. What we relied on when wemade the decision to move to a state whose law does notrecognize our marriage is the belief that deep downMidwesterners believe in fairness and equality and that thiswould soon change.

Mar



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neighborhood. The couple has enjoyed block parties and their neighbors, many who stop on thestreet to talk about the weather, families, pets and work.

The couple has also discovered Nebraskas great parks and enjoy camping. They also enjoygoing to the movies and shopping, particularly for household furniture. Marj and Tracy have

found local charities they support and have already become donors. Pleased to now callNebraska home, the price of moving to Nebraska has been, in effect, to become divorced for thepurposes of state law.

They have too many times since moving here worried about what their legal status is in this stateand how they would care for each other if something were to happen. Before answering what formost people in Nebraska is a simple question asked on forms at doctors offices, banks and otherplaces -- What is your marital status?--they dont know whether to check the box married orsingle given that they are married but Nebraska considers them single. They hired accountantsand attorneys to help them plot out the strange path between being legally married in one state,and through the eyes of the federal government, but not legally married in Nebraska.



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Jason, 37, and Nick, 42, both grew up in rural America. Jason is from North Loup, Nebraska,population 300. Nick grew up in Montana. When they met, Nick was a consultant living in NYC

who frequently came to Omaha for work. They met in a way people often do in romantic comedyfilms: Jason was a server at a restaurant Nick frequented while in Omaha for work. After tenyears as partners, they were married in October of 2013.

Nick joined Jason in Nebraska because they wanted to make a life together and raise a family. InSeptember of 2011, Jason and Nick were in the delivery room when their daughter Alice wasdelivered and their family was born. They have been Alices parents, by her side, from themoment she took her first breath. Alice just celebrated her third birthday. However, becauseNebraska doesnt recognize their marriage, they could not jointly adopt Alice, leaving her withno legal ties to Jason, her Daddy, and without the comfort and security that she would have ifNebraska recognized her parents relationship.

Although the State does not recognize the family relationship between Jason and Alice, theirextended family and community does. Shortly after Alice was born, Jasons family wanted tohost a baby shower for Alice in North Loup. So many people RSVP'ed that they had to move the

Nick Kramer & Jason Cadek

Its amazing how having a child changes everything. We wantNebraska to recognize our marriage for Alice and our family.She deserves the same happiness, opportunity, and securitythat so many other children have.

Nick




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event to a venue in a neighboring town to accommodate nearly a hundred people who wanted toattended.

Nick is currently a consultant and Jason is a compliance auditor for a bank in Omaha. They owntheir home and Alice enjoys playing with their 2 cats and 2 dogs. In addition to a supportive

family, Jason is fortunate that his job allows him to extend his health insurance benefits to Nickand Alice. However since Nebraska doesnt recognize Nick and Alice as his family members,they have to pay taxes on the health insurance benefits. This means $5,650 of health insurance isconsidered taxable income every year.

Such family and workplace support, however, doesnt change the fact that if Nick wereunavailable, it might be difficult for Jason to make medical or legal decisions for Alice.Additionally, were Jason to pass away, Alice would receive no survivor benefits. The couple liesawake some nights fearing that Alice would not be able to stay with Jason if something were tohappen to Nick.



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Tom, 57, grew up in Lincoln. He attended the University of Nebraska for both undergraduate andmedical school. Tom moved away from Lincoln to do his Family Medicine residency in KansasCity, Missouri, where he met Randy, now 61, who grew up in Missouri. The couple have beentogether for over 30 years.

The couple lives in La Jolla, California, but keep strong ties to their family in Nebraska,Missouri and other parts of the country. Randy is a CPA who currently works as Chief FinancialOfficer for a company based in Kansas City. Tom is a practicing Family Physician and is part ofthe teaching faculty at a residency program in San Diego. In addition to having extended familyin Nebraska, the couple also owns commercial property in Nebraska.

They are both active in the Methodist church where they teach Sunday school classes. They alsohave two shelter dogs. Theyve had the tug and pull of government on their relationship severaltimes. They were first married in 2004 when the city of San Francisco allowed marriages for

Tom Maddox & Randy Clark

Essentially, in addition to preparing our joint Federalincome tax return, I would need to prepare mock federalincome tax returns as single individuals for each of us tosatisfy Nebraska. It is an undue burden for marriedsame-sex couples who would need to incur significantadditional professional tax preparation expenses. It isdemeaning to have Nebraska make us say we single.'

Randy



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same sex couples for a short period. That marriage was annulled by the state of California butthey were finally able to get married in 2008 in La Jolla, California.

When the couple comes to visit family or checks on their commercial property, they effectivelybecome unmarried.

Unfortunately, Americas patchwork of marriage laws continues to create difficulties for thecouple. While they can file a joint federal tax return, Nebraska has informed them that for 2013they would need to file as single individuals to report Nebraska sourced income on the propertiesthey jointly own. They are challenging this decision.


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