PFLAG Amicus Brief

Case: 14-2184
Document: 00116793763
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Date Filed: 02/02/2015
Entry ID: 5883585
No. 2014-2184
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
ADA MERCEDES CONDE-VIDAL; MARITZA LOPEZ-AVILES; IRIS DELIA RIVERARIVERA; JOSE A. TORRUELLAS-INGLESIAS; THOMAS J. ROBINSON; ZULMA
OLIVERAS-VEGA; YOLANDA ARROYO-PIZARRO; JOHANNE VELEZ-GARCIA;
FAVIOLA MELENDEZ-RODRIGUES; PUERTO RICO PARA TOD@S; IVONNE
ALVAREZ-VELEZ,
Plaintiffs-Appellants,
v.
DR. ANA RIUS-ARMENDARIZ, in her official capacity as Secretary of the
Health Department of the Commonwealth of Puerto Rico; WANDA LLOVET
DIAZ, in her official capacity as the Director of the Commonwealth of Puerto
Rico Registrar of Vital Records; ALEJANDRO J. GARCIA-PADILLA, in his
official capacity as Governor of the Commonwealth of Puerto Rico; JUAN C.
ZARAGOSA-GOMEZ, in his official capacity as Director of the Treasury in
Puerto Rico,
Defendants-Appellees.
On Appeal from the United States District Court for the District of Puerto Rico in
Case No. 3:14-cv-01253, Judge Juan M. Prez-Gimnez
BRIEF OF AMICUS CURIAE PARENTS, FAMILIES AND FRIENDS OF
LESBIANS AND GAYS, INC. (PFLAG) IN SUPPORT OF
PLAINTIFFS-APPELLANTS
Andrew J. Davis
FOLGER LEVIN LLP
199 Fremont Street, 20th Floor
San Francisco, CA 94105
Tel: (415) 625-1050
Fax: (415) 615-1091
Email: ddavis@folgerlevin.com
Attorneys for Amicus Curiae PFLAG
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CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF

INTERESTED PARTIES
Pursuant to Federal Rule of Appellate Procedure 26.1, the undersigned states
that amicus curiae, Parents, Families and Friends of Lesbians and Gays, Inc., is not
a corporation that issues stock or has a parent corporation that issues stock.
Dated: February 2, 2015
FOLGER LEVIN LLP
s/ Andrew J. Davis
Andrew J. Davis
Attorneys for Amicus Curiae
Parents, Families and Friends
of Lesbians and Gays, Inc.
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TABLE OF CONTENTS
Page
CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED
PARTIES ............................................................................................................................ i
INTERESTS OF AMICUS CURIAE ............................................................................................ 1
SUMMARY OF ARGUMENT ..................................................................................................... 2
ARGUMENT ................................................................................................................................. 3
I.
BANS ON SAME-SEX MARRIAGE DISCRIMINATE AGAINST AND

HARM PEOPLE WHO ARE GAY OR LESBIAN BY RELEGATING
THEIR RELATIONSHIPS TO AN INFERIOR STATUS ................................... 3
A.
Story of Jennifer Curran............................................................................. 5
B.
Story of Murriel Scarborough .................................................................... 8
C.
Story of Evelyn Rivera Beaudreault ........................................................ 14
D.
Story of Kristy Clark ................................................................................ 16
E.
Story of Colette Roberts........................................................................... 19
F.
Story of Mike Neubecker ......................................................................... 22
CONCLUSION ............................................................................................................................ 26
CERTIFICATE OF COMPLIANCE WITH RULE 32(A) ......................................................... 27
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TABLE OF AUTHORITIES
Page
Cases
City of Cleburne v. Cleburne Living Center
473 U.S. 432 (1985) .......................................................................................... 26
Loving v. Virginia
388 U.S. 1 (1967) ................................................................................................ 4
Romer v. Evans
517 U.S. 620 (1996) ............................................................................................ 4
United States v. Windsor
133 S. Ct. 2675 (2013)......................................................................................... 4
Zablocki v. Redhail
434 U.S. 374 (1978) ............................................................................................ 3
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INTERESTS OF AMICUS CURIAE1

Parents, Families & Friends of Lesbians & Gays, Inc. (PFLAG)
respectfully submits this amicus curiae brief in support of Plaintiffs-Appellants.
PFLAG is a national, nonprofit organization that promotes the health,
well-being, and civil rights of lesbian, gay, bisexual and transgender (LGBT)
persons, as well as their families and friends. Nationwide, PFLAG has more than
200,000 members and supporters, with approximately 350 affiliates. In Puerto
Rico, Maine, Massachusetts, New Hampshire and Rhode Island, combined,
PFLAG has 10 chapters and more than 12,000 members.
PFLAG was founded in 1973 by mothers and fathers of gay and lesbian
children. The impetus for PFLAGs founding was the act of one mother, Jeanne
Manford. Ms. Manford took the then-unusual step of publicly supporting her gay
son by participating in a gay rights march, holding a handmade sign reading
Parents of Gays Unite in Support for our Children. Ms. Manfords role in
founding PFLAG was recognized in 2013 when she posthumously received the
nations second-highest civilian honor, the Presidential Citizens Medal.
This brief is submitted with the consent of the parties. Counsel represents that
this brief was not authored in whole or in part by counsel for any party, and no
person or entity other than PFLAG and its counsel has made any monetary
contribution to the preparation and submission of this brief.
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In the 42 years since its founding, PFLAG has provided support services to
LGBT individuals, their families, and friends to assist in coping with
discrimination and hostility. PFLAG has further engaged in education and
advocacy efforts, through which it seeks to create a society in which all citizens
enjoy full civil and legal equality. Today, PFLAGs members are predominantly
heterosexual parents, children, grandparents, siblings and friends of LGBT
individuals who desire that their family members enjoy the same right to marry as
opposite-sex couples.
PFLAG has a strong interest in ensuring the right of same-sex couples to
marry, and its members are uniquely positioned to address and rebut certain
arguments anticipated to be made by Appellees. In particular, PFLAGs members
have first-hand knowledge of how restrictions on same-sex marriage have
negatively impacted not only same-sex couples themselves, but also their family
members. Further, having witnessed committed same-sex relationships and
marriages, PFLAG members can attest that same-sex marriage poses no risk to
opposite-sex marriage and children.
SUMMARY OF ARGUMENT
PFLAG submits that the order of the district court should be reversed. This
amicus curiae brief will offer the perspectives of PFLAGs members
demonstrating that prohibiting committed same-sex couples from marrying
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relegates their relationships to an inferior status, recognized as demeaning by the

couples, their families and the wider community. Their stories illustrate both the
profound importance of marriage for these committed couples and their family
members, and the harm flowing from this discriminatory exclusion from
participation in a married family life.
The harm resulting from bans on same-sex couples marrying is most directly
felt by the same-sex couples themselves. But the family members of same-sex
couples are profoundly affected as well, and would be deeply and adversely
affected if the judgment below were to be reversed. Prohibitions on same-sex
marriage tell family members of people who are gay or lesbian that their children,
grandchildren and siblings are inferior and that their families are not entitled to
equal dignity under the law. As such, these laws cannot be reconciled with the
Constitutions guarantees of due process and equal protection.
ARGUMENT
I.
BANS ON SAME-SEX MARRIAGE DISCRIMINATE AGAINST AND

HARM PEOPLE WHO ARE GAY OR LESBIAN BY RELEGATING
THEIR RELATIONSHIPS TO AN INFERIOR STATUS.
Bans on same-sex marriage impose legal disabilities on people who are gay
or lesbian, and demean their committed relationships by precluding them from

participating in what the Supreme Court has described as the most important
relation in life (Zablocki v. Redhail, 434 U.S. 374, 384 (1978) (citation omitted)),
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and one that is essential to the orderly pursuit of happiness by free men. Loving
v. Virginia, 388 U.S. 1, 12 (1967).
[A] bare . . . desire to harm a politically unpopular group cannot constitute
a legitimate government interest. Romer v. Evans, 517 U.S. 620, 634 (1996)
(citation and internal quotation marks omitted). Classifications of people who are
gay or lesbian that do not further a proper legislative end but act to make them
unequal to everyone else are thus unconstitutional. Id. at 635. The Supreme
Court has recognized that laws with the principal purpose and the necessary
effect of demean[ing] same-sex couples cannot survive due process and equal
protection challenges. United States v. Windsor, 133 S. Ct. 2675, 2695-96 (2013).
PFLAGs members have experienced and observed the stigmatizing and
demeaning effects of marriage prohibitions on their children and other family
members. Without being able to describe their relationships as marriages,
same-sex couples cannot fully convey the nature and importance of their life-long
commitment. See Windsor, 133 S. Ct. at 31 (non-recognition of same-sex marriage
makes it difficult for family members to understand the integrity and closeness of
their own family). PFLAG asks the court to consider the following stories from
its members and supporters, which underscore the ways in which denying
same-sex couples the right to marry harms and dishonors the couples and the
families who love them.
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A. Story of Jennifer Curran.

I currently live in Maine, but grew up with two sisters in a
close-knit, loving and devoutly religious family in Massachusetts. My
father was an ex-Marine for whom there was nothing more important
than church and family. Everyone I knew growing up cherished the
institution of marriage. My community made it clear that I should
settle down, find someone with whom to spend my life, have children,
and worship God. To be clear, those values were not crammed down
my throat. I shared (and share) them.
In my 20s, I realized that I was gay. It was frightening to me at
first because I didnt know if I would be able to find the kind of
family life that had been so important to me growing up. But in 1998,
at the age of 31, I met and fell in love with Carolyn Thomas. When I
was a kid, I conceived of falling in love as feeling a twinkle for
someone. I had that for Carolyn. But I also had such deep respect for
her. Shes this incredible professional, who is hardworking, brilliant,
and consistent in her treatment of those around her. She is such a good
soul and I fell in love with her.
After Carolyn and I began dating, I came out to my parents. I
had hoped that it would not be a big deal. After all, I knew my
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parents loved me. Unfortunately, my parents were not at all

supportive. They described being gay as an abomination and did
not invite me back to their home or have any contact with me for
years after I came out.
Carolyns response to my parents reaction was one of
understanding and selflessness. By this time, I knew that Carolyn was
in love with me. But she looked at me and said, If you cant do this,
if you cant be in a relationship with me, Ill stand by you and just be
your friend. You do not have to make a choice between me and your
parents. It was such a powerful statement of acceptance: at this
moment when my family had turned away from me, Carolyn told me
that she would love me unconditionally, that she would stand by me
even if I made choices that caused her pain. Unconditional love and
acceptance are amazing things and I recognized that Carolyn was the
person with whom I wanted to form a new family.
Carolyn and I continued to grow together. But for five years, I
had no contact with my parents. Then I learned that my Dad was
very, very sick with leukemia. At first, I wasnt sure if I could fully
re-engage with him. But I realized that I either had to forgive him and
help, or drop completely out of his life. My faith told me that I could
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not turn my back on him. I was also so grateful that my Dad was
willing to re-start our relationship.
The next few years were very difficult for my Dad he went
through 15-20 surgeries. But he and I again became part of each
others lives. Slowly, my Dad came around to accepting and even
embracing my relationship with Carolyn. In 2005, soon after our
reconciliation, he said something like I know you like Carolyn, but
youre never going to be able to marry her. This was something of a
thaw from his past views, but hardly an endorsement.
Over the next few years, my father was able to see the
relationship that Carolyn and I had created with each other. He
observed us as parents to our amazing daughter, who was born in
2006 and was able to see us as a family. In 2009, I was with my
father soon after the initial efforts to legalize same-sex marriage in
Maine failed. He could see that I was very hurt by this defeat. He
grabbed my arm and said, I know marriage is coming to Maine. Its
going to happen. I dont know if Im going to be here to see it. But I
want you to know, that Ill be happy for it.
My father died six months later, two years before marriage
equality came to Maine. Carolyn and I were married at the
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courthouse at the earliest possible moment: on December 29, 2012,

the first night that same-sex marriages were performed in Maine.
Having that wedding ring on my finger has made a tremendous
difference in my day-to-day life. It tells everyone that I am in a
committed relationship that is worthy of the greatest recognition that
civil society can offer. But Carolyn and I also wanted a religious
wedding. Ten months after our civil ceremony, Carolyn and I were
married in our church. I was able to walk down the aisle to be
married in a mainstream church in a service presided over by a
straight male priest. It was a sacred and powerful experience, to stand
with Carolyn before our friends, our family, our daughter, and
before God and commit my life to the person that I love. Nothing
could have been better.
Well, almost nothing: my father, of course, was not there to
walk me down the aisle. But I know because he had already told me
that he was happy.
B. Story of Murriel Scarborough.
I have lived in Dothan, Alabama since 1960. My husband,
David, and I celebrated our 50th wedding anniversary last month. We
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have three wonderful children, the youngest of whom, Patrick, lives in

Birmingham, Alabama.
Patrick attended Auburn University, where he excelled in and
out of the classroom. In many ways, Patrick seemed to be on top of
the world while in college he served as vice president of the student
body, earned a degree in chemical engineering and seemed to have
many friends. But during that time, there was always a sense of
unease lurking within Patrick that I could not quite place. I can
picture him, during these years, sitting in our home on weekends with
his leg just swinging back and forth out of a sense of anxiety. I could
never quite figure out the source of that stress.
Soon after Patrick graduated from college, he came home one
weekend to spend time with me, David, and our other children. I
noticed that he was extremely quiet all weekend. As he was packing
to go home, I went up to his room and said, Patrick, I just know
something is wrong. I dont know what it is, but Im not going to let
you leave this house until you tell me. I could see that his entire
body was shaking and he finally responded by saying, Mom, Im
gay. Im so sorry, but Im not going to be able to give you any
grandkids. I later learned that Patrick had been fighting against who
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he was for many years and had only recently come to accept that he
was gay.
His news frankly shocked me; I didnt have a clue, and had
almost no experience with the LGBT community. I told him that I
loved him and I gave him a hug. But I was filled with fear. Some of
those fears were for his safety: one of the things I first expressed to
Patrick when he came out was concern that some prejudiced person
might hurt him because he was gay. But many of my concerns were,
at heart, selfish: I was concerned that I would never experience the joy
of seeing my youngest son in a marriage or as a father to my
grandkids. After taking it in for a moment, I told Patrick, I will
always love you, but I need your help. You need to teach me what
this means, because I dont fully understand.
Knowing how important my faith was to me, Patrick suggested
that I reach out to my pastor for help. I brought my own box of
Kleenex to Church, and told our pastor the news. He gave me some
Biblical materials to read and his counseling was a tremendous help
for me as I came to better understand Patrick and reconcile my love
for him with my faith.
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But what most helped me understand Patrick was simply

observing him, and realizing that nothing had really changed, except
that the anxiety I had previously seen in him just disappeared. Patrick
became even closer to his father and me, because he was now able to
fully accept who he was and communicate openly with us. And I
observed Patrick become his best self when he entered into a
committed relationship with the man who is now his husband, Tony
Lee.
Patrick and Tony began dating in 2001, when Patrick was in his
late 20s. I simply love them as a couple. They complement each
other so well: Patrick is pretty intense and moves from topic to topic
at great speed; Tony is patient and calm, and his presence is
stabilizing to Patrick. Patrick, in turn, helps make Tony a bit more
outgoing and social than he might otherwise be. Witnessing their
relationship also made me more aware of the challenges faced by
same-sex couples. You never fully understand the full depth of
discrimination that a gay person experiences until it is someone you
love. Then you come to understand that seemingly trivial things that
you take for granted are denied to same-sex couples. For me this
realization came with my son and his relationship with Tony. I am so
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proud of how Patrick and Tony have overcome those challenges and
have such admiration for the relationship that they have created.
But its not just Patrick and Tonys relationship that I love. I
love Tony as an individual. Hes part of my family. I first got to
know Tony well about a year into his relationship with Patrick. I got
a call from Patrick explaining that Tony was undergoing emergency
surgery and would be in the hospital for one week. Patrick couldnt
take time off from work to be with Tony during his hospital stay he
wasnt out at work and, in any event, his work wouldnt recognize
Tony as part of Patricks family. Patrick asked if I could sit with
Tony at the hospital during the days, with Patrick then spending the
night with Tony in the hospital. So I packed my bags and drove more
than three hours up to Birmingham to spend the next week with Tony.
I got to know and appreciate Tony during those days, and also to see
my sons commitment, care and support for Tony.
It was also during that time, that I got to know Tonys mom,
Jean. She came to Birmingham from her home in Jasper, Alabama for
the surgery, but had to return home to care for her husband, who was
suffering from Parkinsons disease. As she was leaving the hospital,
she took me aside, gave me a hug, and said Im just so glad our boys
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have found each other. It was a sentiment that we often expressed to

each other over the next decade, as we came to know each other well.
Tonys mom passed away earlier this year. Its been a hard
time for Tony, but one small solace is that she lived long enough to
know that Patrick and Tony were married. Last year they traveled to
Massachusetts to get married and affirm their life-long commitment to
each other. Tonys mom died knowing that Tony was happy and in a
committed relationship with the man he loved.
After the death of Tonys mom, Tony sent me a card. It read, in
part, Even though my real mother is in heaven, I know that you are
now my earthly mother. I cant tell you how much that card meant
to me. Because it reflects the fact that Tony and I are family. And
family is what marriage is all about. Im happy that Patrick and
Tony were able to get married in Massachusetts, but I want our home
state to recognize their marriage as well. By banning same-sex
couples from marrying and refusing to recognize out-of-state
marriages, my state is trying to tell me that my family isnt a real
family at all. And thats just wrong.
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C. Story of Evelyn Rivera Beaudreault.

I am a 54 year-old resident of Foxborough, Massachusetts. I
grew up in Spanish Harlem in New York, as a first generation
daughter of Puerto Rican immigrants. As a child, I was taught that I
could really only be happy if I found a husband. But in my high
school and college years, I came to realize that I was lesbian and that
it would not be possible for me to get married. When I came out, it
was very difficult for some members of my family including my
parents to accept me. But it wasnt just them: even into my thirties I
fought against myself, praying to God to change me and to find me a
husband. Eventually, however, I came to embrace who I am.
Even as I came to accept myself, I never dreamed that I would
be able to marry. But that began to change when I met Karen
Beaudreault. Soon after Karen and I began dating, I realized that she
was providing me with greater love, friendship and support than I had
ever experienced. For the past 35 years, Ive worked as a social
worker, primarily serving domestic violence survivors. My work
required me to focus on the needs of others. When I started dating
Karen, I realized that I had been yearning for a partner who would
ease my burden who would give me a turn when I came home
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from a hard day at work, and give me a shoulder on which to lay my

head. Karen listens to me. She affirms and challenges me. Together,
we have formed a relationship in which we can fully depend on each
other, and yet retain our sense of individuality.
Within a year of our meeting, Karen floored me when she
asked, Will you marry me? I never thought Id ever hear those
words directed at me. I said yes, but we waited a couple of years to
get married. As our wedding day approached, I confess I was more
focused on the practical and legal impact of being able to get married.
As a result, I was not prepared for the emotional power of our
wedding. Thinking back on that day, I remember my nerves and
jitters. I remember seeing the smiles on the faces of our friends and
family, and the tears on the face of my little sister. But above all, I
remember feeling beautiful for the first time in my life. I never
thought Id feel as complete as I did when Karen and I became legally
bound to each other.
Our commitment to each other has been particularly important
these past few years, as we have supported each other through some
very difficult times. We both have significant health problems, with
Karen currently disabled and unable to work. Most difficult has been
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the unexpected death, in 2013, of Karens son from a prior

relationship. But as with other married couples, there have been many
joys too. Chief among them has been participating in the life of our
granddaughter (the daughter of Karens son), who is now seven years
old. We see her every week and I now know what it feels like to love
and be loved by a child. She knows me by the name Abuela
grandmother in Spanish and that is exactly what I am to her: one of
her grandmothers. I know that Karen and I could have formed a
relationship in which we shared a life with each other, even if the
Commonwealth of Massachusetts did not recognize our commitment
as a marriage. But the legal recognition of our marriage is so
important because it instantly demonstrates to our friends, to
strangers, to our granddaughter that we are family. All same-sex
couples should have the right to have their families recognized by the
state and the community in which they live.
D. Story of Kristy Clark.
My husband, Paul, and I live in Bountiful, Utah and have been
married for 38 years. We have five children and eleven
grandchildren, all of whom live within 10 miles of our home. As a
mother, all I ever wanted for my children was for them to be happy.
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For my third child, Weston, who is gay, one of my concerns was that
his happiness would be incomplete or limited because he would never
be able to marry or have children.
Fortunately, Weston has been able to find a life-long
companion, Brandon, and have children. Weston and Brandon met in
2000, and currently live in Salt Lake City with their three-year-old son
and two-month-old daughter. I see the work they put into
communicating with and supporting each other; the way they
complement and love each other. I am particularly impressed by what
dedicated parents they are and how they have structured their lives
around their children. Weston and Brandon are both active in the
lives of their children, volunteering at pre-school, coaching the soccer
team, making their childrens needs and development the focus of
their lives.
Despite their decade-long commitment to each other and the
kids that they are raising together, Weston and Brandon were not
legally permitted to get married or recognized as a family by the State
of Utah until recently. This lack of legal acceptance was painful for
me. Much as we may not want to worry about what others think of
us, a sense that we are not accepted by others acts as a burr in the
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saddle, a constant pain or sting, an impediment to the happiness I want

for my children.
So it was with great joy that, on December 20, 2013, I learned
that Amendment 3 had been struck down and same-sex marriages
were being performed. Because a stay might be granted at any
moment, Weston and Brandon told us that they were heading to the
County Clerks office to get married, and asked us to join them. It
had been a difficult day for me that morning I had received radiation
treatment for a brain tumor. But, of course, my husband and I drove
down to the clerks office, so that we could witness and celebrate
Weston and Brandons wedding. It was an amazing scene: so much
excitement, so many committed couples who finally had a chance to
have their relationships recognized by the state.
Weston and Brandon were married at around 5:00 p.m. that
day, surrounded by family members, many friends, and hundreds of
exuberant strangers. The most important witness was their
three-year-old son, whom Weston held in his arms as he and Brandon
exchanged their vows. I am so grateful that my grandchildren can
grow up knowing that society recognizes their dads commitment to
each other as a marriage.
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As we watched Brandon and Weston exchange their vows, my

husband whispered to me, Look at Westons eyes. Ive never seen
him so happy. A little burr a little impediment to his happiness
was being removed. A mother cannot ask for anything more than to
see that look in her sons eyes.
E. Story of Colette Roberts.
Jim and I married in 1958, when inter-racial marriage was still
banned in more than 16 states. I am the product of a mixed-race
marriage my heritage includes a bit of everything, including East
Indian, French, African-American and my family accepted my
relationship with Jim from the start. Jims ancestry is a little bit
British, a little bit Swiss. His mom objected at first but eventually
accepted our marriage. We were lucky in that way we did not face
too many problems, although I do remember one of Jims college
classmates saying: Its bad enough that youre marrying her. Just
dont have any kids. Needless to say, we ignored his advice and I am
so glad we did.
We have four children. I know it was sometimes difficult for
the kids to have us as parents. They were taunted and teased. I
reminded them many times that ignorance is loud and prejudice is
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strong, but that they should hold their heads high because this is who
they are. And all four of them have grown up to be confident and
successful individuals.
Nina, our second eldest, is lesbian. Nina never said anything to
us about her sexual orientation when she was in high school. She
went away to college and during one Christmas break, I found a love
note that she had written to another young woman in the trash can.
Shortly after finding the note, I said to Nina, Your dad and I know
that you are gay. I told her how much we loved her and asked her
why she had not said anything. Nina started crying. She said she had
met so many young people who had been rejected by their families
because of their sexual orientation, and that although she knew we
loved her, she was scared that we, too, would reject her. It just broke
my heart that any child of ours could be so scared that we might reject
her.
Did I worry about Nina once she came out? Of course. I
worried that she would experience discrimination, that she would have
a tough time, simply for being who she is. Would she find someone
to love, who loved her? Would she be able to marry, to have that
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security that Jim and I have enjoyed, that her brother and sisters can
enjoy without question?
For the last nine years, Nina has been in a committed
relationship with Michele. So the laws against same-sex marriages
impact me and my family on a personal level. The sole purpose of
such laws is to prevent gay and lesbian couples from marrying. But
the word marriage is very important in our society. If Jim and I
were told that we could not use that word to describe our union, that
we have to use some other word to describe our relationship because
the word marriage was not available for inter-racial couples, that, to
me, would mean that our relationship did not have the respect of our
society. And laws against same-sex marriage tell my daughter, and all
other gay and lesbian sons and daughters, just that: that they do not
have the respect of our society.
It wasnt that long ago that Jim and I would have been barred
from marrying. The reasons why people wanted to outlaw inter-racial
marriage then very much resemble the reasons why people want to
ban same-sex marriage now: it is because both kinds of marriages are
seen as somehow not right or natural. But it is unthinkable today
to imagine a law that says inter-racial couples may not marry.
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People say to me all the time that race is different because

people cannot choose their race. But thats just it: Nina did not
choose to be gay; she can no more choose to be straight than I can
choose to be White.
F. Story of Mike Neubecker.
My wife Janice and I have been married for more than 40 years
and have one child, our son Lee. Until Lee came out to me at the age
of 19, I had no idea he was gay.
Lees coming out definitely challenged me. I grew up in a
conservative Catholic family, attended Catholic schools from K-12,
and then was drafted into the Army where I served for six
years. Along the way, I had absorbed many negative views about gay
people. These negative views were not based on anyone I knew
personally, but from the misinformation and stereotypes so prevalent
in our culture.
When Lee first came out, I thought I had to choose between
loving my son and my faith. I loved my son, so I was not willing to
cast him aside. But my faith is also important to me, so I engaged in
prayer, reading and study. It took some time but I came to realize that
the most important lesson the Bible teaches is unconditional love.
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The Bible teaches us to love others and treat them as we ourselves

would like to be treated, and I see no contradiction between that
teaching and my love for Lee.
Opponents of same-sex marriage have said marriage should be
reserved for opposite-sex couples, because permitting same-sex
couples to marry will somehow pose risks to children, especially
children in future generations. I could not disagree more with that
statement. Anyone who knows my son, Lee, and his partner, David,
would understand that their sexual orientation does not impact their
ability to be good parents. The idea that they, as a couple or as a
family, could pose a risk to anyone elses marriage or children, either
now or in the future, makes no sense.
About seven years ago, Lee and David adopted our
grandchildren, Braiden and Michael, through the foster care
system. Braiden, who is now 11 years old, wrote the following letter
last year, in the hopes that it may help someone else understand her
perspective. She wrote it on her own, with minor assistance from her
teachers on spelling and grammar. Her words convey, more
eloquently than I ever could, why allowing her dads and other
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same-sex couples like them to marry will not pose any risks to
children.
Love is important! It doesnt matter who
people love, as long as they are happy. Everyone
should have the right to marry who he or she
wants. You may not like two men being married,
but for them, it's normal.
...
Before I lived with my two dads, my life
was horrible. My old family never treated me well.
They wouldnt stand up for me. If my foster sister
fought with me, my old mom would just sit there
and watch me get hurt, so I would have to fight
back. Each time I was at foster home, the foster
parents promised me they would keep me safe and
treat my brother and I equally.
But they always broke their promise. I
moved five times until my dad and daddy found
me. They also promised that they would always
love me and keep me safe and they would treat me
equal to my brother. I was 4 when I met them.
Now I am 10 and they have kept their promises.
They do so much for me. They never hurt me or
my brother. I feel so safe. I believe I can do
anything with my two dads. Would there be any
purpose to ban the marriage of two men or two
women when they can treat children the same or
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even better than other couples. I hope that you

will do the right thing and let anyone marry who
they want to.
Braiden and Michael continue to thrive under Lee and Davids
care. Both excel in school and are happy, well-adjusted children.
Lee and David recently added to their family, by obtaining legal
custody of Davids nephew, Cody, last summer. Cody is a senior in
high school. Before joining Lee and David, Cody was labeled
trouble. But since becoming part of their family, he has become a
model student, receiving straight As last semester and making the
Deans list. Cody has applied to four universities around the country
and is anxiously awaiting word on which school he will attend. Cody
is active in his local church youth group, helping to organize the
regional youth conference for their denomination. He also works part
time after school to save up for his first car.
No one can tell me that Lee and David are lesser parents, or that
they and their children are any less a family, just because Lee and
David are both men. They have given structure, stability, and most of
all, love, to their children, and all of them and our society are the
better for it.
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CONCLUSION
Permitting two committed individuals to commit their lives to each other in
marriage can do no harm to the institution of marriage. Any contention otherwise
is nothing more than irrational speculation. See City of Cleburne v. Cleburne
Living Center, 473 U.S. 432, 448 (1985) (mere negative attitudes, or fear,
unsubstantiated by factors which are properly cognizable . . . are not permissible
bases for differential treatment). Such speculation is also contrary to the evidence
presented below, the experience of jurisdictions that recognize same-sex marriage,
and the experience of PFLAGs members.
For the foregoing reasons, the decision of the district court should be
reversed.
FOLGER LEVIN LLP
s/ Andrew J. Davis
Andrew J. Davis
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CERTIFICATE OF COMPLIANCE WITH RULE 32(A)

Certificate of Compliance With Type-Volume Limitation, Typeface
Requirements, and Type-Style Requirements
This brief complies with the type-volume limitation of
Fed. R. App. P. 32(a)(7)(B) and Fed. R. App. P. 29(d) because this brief contains
5,662 words, excluding parts of the brief exempted by Fed. R. App. P.
32(a)(7)(B)(iii).
This brief complies with the typeface and spacing requirements of Fed. R.
App. P 32(a)(5) and 32(a)(6) because this brief has been prepared in a
proportionally-spaced typeface using Microsoft Office Word 2007 in 14-point
Times New Roman style.
FOLGER LEVIN LLP
s/ Andrew J. Davis
Andrew J. Davis
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Entry ID: 5883585
CERTIFICATE OF SERVICE FORM

FOR ELECTRONIC FILINGS
I hereby certify that I electronically filed the foregoing document with the
United States Court of Appeals for the First Circuit by using the CM/ECF system. I
certify that the following parties or their counsel of record are registered as ECF
filers and that they will be served by the CM/ECF system:
Idza Diaz-Rivera
Andres Gonzalez-Berdecia
Margarita Luisa Mercado-Echegaray
Tanaira Padilla-Rodriguez
Puerto Rico Department Of Justice
Federal Litigation Division
P.O. Box 9020192
San Juan, PR 00902-0192
Omar Gonzalez-Pagan
Hayley Gorenberg
Karen L. Loewy
Jael Humphrey-Skomer
Lambda Legal Defense and
Education Fund, InC.
120 Wall Street, 19th Floor
New York, NY 10005
Mark C. Fleming
Felicia H. Ellsworth
Rachel I. Gurvich
Wilmer Cutler Pickering
Hale and Dorr LLP
60 State Street
Boston, MA 02109
Gary W. Kubek
Harriet M. Antczak
Jing Kang
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
Paul R.Q. Wolfson

Hale and Dorr LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
Ryan M. Kusmin
Debevoise & Plimpton LLP
555 13TH Street N.W.
Washington, DC 20004
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Alan E. Schoenfeld
Hale and Dorr LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Celina Romany-Siaca
Celina Romany Law Offices
268 Munoz Rivera Avenue, Suite 1500
San Juan, PR 00918
Ada M. Conde Vidal

Conde Attorney at Law, PSC
P.O. Box 13268
San Juan, PR 00908-3268
Jos L. Nieto
Nieto Law Offices
District View Plaza, Suite 301
644 Fernndez Juncos Avenue
San Juan, PR 00907-3122
FOLGER LEVIN LLP
s/ Andrew J. Davis
Andrew J. Davis
859489.1
29

PFLAG Amicus Brief

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Case: 14-2184

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF

FOLGER LEVIN LLP

Date Filed: 02/02/2015

Entry ID: 5883585

BANS ON SAME-SEX MARRIAGE DISCRIMINATE AGAINST AND

Story of Jennifer Curran............................................................................. 5

Story of Murriel Scarborough .................................................................... 8

Story of Evelyn Rivera Beaudreault ........................................................ 14

Story of Kristy Clark ................................................................................ 16

Story of Colette Roberts........................................................................... 19

Story of Mike Neubecker ......................................................................... 22

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

INTERESTS OF AMICUS CURIAE1

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

relegates their relationships to an inferior status, recognized as demeaning by the

BANS ON SAME-SEX MARRIAGE DISCRIMINATE AGAINST AND

or lesbian, and demean their committed relationships by precluding them from

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

A. Story of Jennifer Curran.

Date Filed: 02/02/2015

Entry ID: 5883585

parents loved me. Unfortunately, my parents were not at all

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

courthouse at the earliest possible moment: on December 29, 2012,

Date Filed: 02/02/2015

Entry ID: 5883585

have three wonderful children, the youngest of whom, Patrick, lives in

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

But what most helped me understand Patrick was simply

Date Filed: 02/02/2015

Entry ID: 5883585

Date Filed: 02/02/2015

Entry ID: 5883585

have found each other. It was a sentiment that we often expressed to

Date Filed: 02/02/2015

Entry ID: 5883585

C. Story of Evelyn Rivera Beaudreault.

Date Filed: 02/02/2015

Entry ID: 5883585

from a hard day at work, and give me a shoulder on which to lay my

Date Filed: 02/02/2015

Entry ID: 5883585

the unexpected death, in 2013, of Karens son from a prior

Date Filed: 02/02/2015