4

Mitchell F. Thompson, Esq.

R. Todd Thompson, Esq.
Thompson Gutierrez & Alcantara, P.C.
238 Archbishop Flores Street, Suite 801
Hagatna, Guam 96910
Telephone: (671)472-2089
Facsimile: (671)477-5206

William D. Pesch, Esq.

1
2

& " l,i '-I

r;

--

DISTRICT COURT OF GUAM

APR 1 3 2015

JEANME G. QUWATA
CLERK OF COURT

Guam Family Law Office

6

:*'"'" -.

173 Aspinall Avenue, Suite 203

Hagatna, Guam 96910
Telephone: (671) 472-8472

Facsimile: (671)477-5873
g
9

Attorneys for Plaintiffs Kathleen M. Aguero and

Loretta M. Pangelinan

10

IN THE DISTRICT COURT OF GUAM

11

TERRITORY OF GUAM

12

KATHLEEN M. AGUERO and LORETTA

CIVIL CASE NO.

00 0 0 9

M. PANGELINAN,
13

Plaintiffs,
14

DECLARATION OF
15

KATHLEEN M. AGUERO

16

EDDIE BAZA CALVO in his official capacity as

Governor of Guam; and CAROLYN GARRIDO

17

in her official capacity as Registrar in the Office

of Vital Statistics, Department of Public
Health and Social Services,

18

Defendants.
19
20

I, KATHLEEN M. AGUERO, do hereby declare that:

21

1.

22

Loretta M. ("Lo") Pangelinan and I have been in a committed, loving

relationship for over nine years.

23
24

ORIGINAL

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 1 of 15

2.

I work for a local bank.

3.

I was born and raised on Guam.

4.

I am a hard working life-long Guam resident with deep roots in the local

4
5
6
7

community.

5.

I feel that it is important to give back to the community by helping to raise and

care for children in need on Guam.

6.

Lo and I are registered foster parents with the Department of Public Health and

Social Services ("DPHSS"), and together we have cared for numerous foster children through

the years. Lo and I are currently caring for three foster children.

10

7.

I wish to marry Lo because I love her and I am committed to her for life.

11

8.

Lo and I want to celebrate our mutual love through marriage, and we wish to

12

marry on Guam so that all our friends and family may attend and participate in our joyous

13

occasion.

14

9.

While Lo and I could travel thousands of miles to get married in another

15

jurisdiction where same-sex marriage is recognized, such travel would be costly and difficult to

16

arrange, given our busy schedules and responsibilities.

17

10.

More importantly, Lo and I want to be able to invite our family and friends on

18

Guam to bear witness to our love and commitment for each other in the same way that

19

different-sex couples in Guam are able to do through marriage.

20
21
22

11.

I believe that Lo and I should not have to leave Guam to have our love and

commitment recognized.

12.

On April 8, 2015, Lo and I personally brought our application for a marriage

23

license to the Vital Statistics Office of DPHSS, in Mangilao, the office that processes marriage

24

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 2 of 15

license applications on Guam. Attached hereto as "Exhibit A" is a true and correct copy of the

Guam Marriage License Application Materials Lo and I submitted to DPHSS, which has been

redacted for privacy pursuant to the Rules of this Court.

13.

DPHSS officials refused to accept the application and handed Lo and I two

documents, one, a 2009 opinion letter from the Acting Guam Attorney General and a copy of

certain provisions from Tile 10 of the Guam Code Annotated, including 10 G.C.A. 3207(h),

with language indicating, "[mjarriage means the legal union of persons of the opposite sex."

Attached hereto as "Exhibit B" and "Exhibit C" are true and correct copies of a 2009 opinion

letter from the Acting Guam Attorney General and a copy of certain provisions from Tile 10 of

10

the Guam Code Annotated, including 10 G.C.A. 3207(h).

11

I declare under penalty of perjury that the foregoing is true and correct.

12

Dated this 13th day ofApril, 2015.

13

M*

14

KATHLEEN M. AGUERO
15

16
17
PI53028.RTT

18

19
20
21

22
23
24

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 3 of 15

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 4 of 15

DEPARTMENT OF

Public Health and Social Services

EDDIE BAZA CALVO, GowiW'

RAY TEtOKSO, IL Ostmo:
Jamil v. CnltR, 9:rciOf

too 0. Catil. Ctwt> Si'tCHii

GOVERNMENT OF GUAM -123 Chalan Karota. Mangilao-GU 96913-6304

MARRIAGE APPLICATION
TO BE COMPLETED BY lliihi APPLICANT 1
TO BE COMPLETED BY rDMi'iLiD APPLICANT 2
GROOM'S NAME IN FULL (First, Middle, Last)
BRJDE'S NAME IN FULL (First, Middle. Last,

Loretta Manglona Pangelinan

SINGLE
(/) WIDOWED i 1
DIVORCED ; ; ANNULLFD i )

NO. OFTHISMARRIaGE
1

WKERF. CONTRACTED 'Staleof LastMarriage)

Kathleen Marie Aguero

SINGLE

(.) WIDOWED

( ) ! NO. OF THIS MARRIAGE

1

DIVORCED ( ) ANNULLED ) j

WHERE CONTRACTED (Suit oftxsi Marriage,

\ N/A

] N/A

RACE iChamorro. Caucojtan. Fi'iplio, etc :

RACEiVhamsrro. Caucasian Filipino, tic}

LAST MARRIAGE ENDED/MAJDEN NAME (Ifpreviously marred)

N/A

N/A

LAST MARRIAGE ENDED

iChamorro

)
i

Chamorro

FATHER'S BIRTHPLACE

FATHER'S BIRTHPLACE

(Guam

Guam

MOTHER'S NAME (InJul:, Livingor Deceased)

MOTHER'SNAME (Infull. Irving or Deceased)

MOTHER'S MAIDEN NAME (In Full)

MOTHER'S BIRTHPLACE

MOTHER'S BIRTHPLACE

jlndiana

Guam
"EDUCATION rrlRtTHKiK SCHOOL
; : 3 1 1 i 3 ? 10 II (Yt)

. COI LEG;

: 2 .' 4 I ~~

DEGREE

High School Diploma

Intent to hyphenate name after marriage: Yes cr^Vo..

EDUCATION THRU HIGH SCHOOL

1 2 J 4 5 6 7 I S 10 It (ij/

COl.l EGE

15' 3 4 5

[DEGREE

i High School Diploma

Intent to hyphenate name after marriage\Yel}or \o

WE HEREBY CERTTFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRF.CT TO THE BhS r QV OUR
KNOWLEDGE AND BELIEF.

SIGNATURE IN FULL OF^SLfrLl) APPLICANT Z~^

EXHIBIT A

GOVERNMENT OF GUAHAN

DEPARTMENT OF PUBLIC HEALTH AND SOCIAL SERVICES

D1PATTAMEKT0N SALLT PUPBLEKO YANSETBISIOKSUSIAT
Eddie Baza Cnlvo

123 Chalan Kare:a, Mangilao, Guahan96913-6304

Governor

lames W. Gtllan
Director

Rii\ Toicdo

.ipvitortiint Governor

Leo C Casii

Deputy Director

AFFIDAVIT STATEMENT
REQUESTING TO RETAIN MAIDEN NAME IN MARRIAGE

I, Loretta Manglona Pangelinan

#^^^^H

WHOSE GUAM DRIVERS LICENSE

AND LOCAL GUAM MAILING ADDRESS IS:

BEING FIRST

DULY SWORN, HEREBY REQUEST TO RETAIN MY MAIDEN NAME, BEING

Loretta Manglona Pangelinan

ON MY MARRIAGE LICENSE.

REASON:

/>

\ SIGNATURE
Territory ofGuam, U S.A"^^

, ,

Subscribed and Sworn to before me on this (0"t

davof

ApT> j

20

NOTARY PUfetfertnand for Guam.

\S

~~

My commission expires: vjltly (t>, 2Qi'r

VANESSA R SANTOS
NOTARY PUBLIC

Telephone No.: 1.671.735.7102 * Fax No.: 1.6" 1.734.5910

In and for Guam, U.S.A.

Mv Commission Expires: JULY 06,2017

hi AJ.C. Floret SL, Ste. 801, DNA\~"

n96910

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 5 of 15

GOVERNMENT OF GUAHAN

DEPARTMENT OFPUBLIC HEALTH and SOCIAL SERVICES

DIPATTAMENTON SALUT PUPBLEKO YANSETB1S1 ON SUSJA T
Eddie Bsza Cnlvo

123Chalan Kareta, Mangilao, Guahan 96913-6304

James W. Gillar:

Governor

Director

R.t; Tenorio
Lieutenant Governor

Leo C. Casii

Deputy Directot

AFFIDAVIT STATEMENT
REQUESTING TO RETAIN MAIDEN NAME IN MARRIAGE

I, Loretta Manglona Pangelinan

WHOSE GUAM DRIVERS LICENSE

AND LOCAL GUAM MAILING ADDRESS IS:

BEING FIRST
DULY SWORN, HEREBY REQUEST TO RETAIN MY MAIDEN NAME, BEING

Loretta Manglona Pangelinan

ON MY MARRIAGE LICENSE.

REASON:

SIGNATURE

Wage, z>-t~ H^SfMt

T-emtefv-ef Guam C=*H$>

Subscribed and Sworn to before me on this & day of

Apr' 1

.20

NOTARY PUBWeHlf and for Guam.

My commission expires: Qlt(y (ff^Ql'-f

VANESSA R SANTOS
NOTARY PUBLIC
In and for
aLGuam,U.r
uam, U.S.A.

Teleohonc No.: 1.671.735.7102 * Fax No.. 1.671.734.5910

mission Exj
My Commission
Expires: JULY 06^2017

38AF.C.FloesSL Ste.801, DNABldg.

a >9b

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 6 of 15

GOVERNMENT OF GUAHAN

DEPARTMENT of PUBLIC HEALTH and SOCIAL SERVICES

DIPATTAMENTON SALUT PUPBLEKO YAN SETBJSION SUSIAT

123 Chalart Kareta, Mangilao, Guahan 96913-6304

Eddie Baza Cnlvo

lames W. Gillan

Governor

Director
R.u Tenorio
Lieutenant Coventor

Leo C Casii

Deputy Director

AFFIDAVIT STATEMENT
REQUESTING TO RETAIN MAIDEN NAME IN MARRIAGE

I, Loretta Manglona Pangelinan

#I^^^^H

WHOSE GUAM DRIVERS LICENSE

AND LOCAL GUAM MAILING ADDRESS IS:

BEING FIRST

DULY SWORN, HEREBY REQUEST TO RETAIN MY MAIDEN NAME, BEING

Loretta Manglona Pangelinan

ON MY MARRIAGE LICENSE.

REASON:

/*-

SIGNATURE

0 .-v

TemtefjusfGuam, U-GA
Subscribed and Sworn to before me on this

(cr&

day of

/y>

..20.

NOTARY PUBtiejIn and for Guam.

My commission expires: OuA*f \ot 1D\"?

VANESSA R. SANTOS
ARY PUBLIC

Jn

Telephone No.: 1.671.735.7102* Fax No.: 1.671.734.5910

Case 1:15-cv-00009 Document 8 Filed 04/13/15

fotunam, US.A.

My Commission Expires: JULY

2017

238AF.C. Flows St. Ste. 801, DNA bldg.

Hagatna, Guam 96910
Page 7 of 15

GOVERNMENT OF GUAM
DEPARTMENT OF PUBLIC HEALTH & SOCIAL SERVICES

V"
a

1
s

GOVERNMENT OF GUAM
U.S. STANOARD

1W L Guam
I Cff* rtit* p**tOftt tnlorm<Ofl 0fOvt(Md Ofit*n Ctni1* if torrvct to th t* ofjgp^nmtvdgt *nd bli|l.

RELATION TO CHILD

morhe,r

lit,

glr fa farm** It

~>~> C.C* -:

CERTIFIED COPY OF VITAL RECORDS

GOVERNMENT OF GUAM

This is a Irue and exact reproduction ol the documenl officially registered and placed on tile
in Ihe office of Vilal Statistics. DEPARTMENT OF PUBLIC HEALTH &SOCIAL SERVICES.
DATE ISSUEO .

APR 74 7008

***M*M* l\. fjQMt&4'

CAROLVN B. GARRIOO
REGISTRAR

This copy is not valid unless prepared en an engraved border, displaying me date, signature and seal ol lha Registrar
nVOiHi.HIW

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 8 of 15

GOVERNMENT OF GUAM
DEPARTMENT OF PUBLIC HEALTH & SOCIAL SERVICES

GOVERNMENT OF GUAM
U.S. STANDARD

CERTIFICATE OF LIVE BIRTH

CMIIO NAME

iT

UIODH

KATHLEEN
MOS'ITAI.

MARIE

jFernale [;

AGUERO

NAME

Oka, Tannining

I vAo'iyioAceftwMf it,,,ouie.1 inn 19 n* Muolm >ixmiii

St

!COU*Tl O' rjl"'*

c i v iow'i on location or emi

Guam .Memorial Hospital

44

Birtn Numoer

. AtT

Guam

((>AMt *NO Ti*li Of ATTCNOANT AT BlPTh I* OTmJR ,.#*

'Xig*411

CfHTlfl0 NAM AHOtuxA ,r*p, , ?,,*,,

WILLrftM FRKEMtfTMjID
.'a v. iiAiNTgs
*!A(iC1A11i1 j ST ATI OF 81lTH If/I* i* A 4Mfn>* fry*

UiODbC

C/IAll .<

7b 19
CITY, TOWN OA LOCATION

lie

Indiana

STRUT AND sutHCR OF REHDEWCt

INSIDE CI TV

UWITlf*r/f

k.

Yona

10

MOTHER'S MAILING ADORESS-rV mm* ftM #<(*/ fi> Cod* **

.9
AGE Mi n-ii

STATE OF URTM III ml 1* V < A . > (T>

ef **i

I* 33
I ctfii*v i*w ihtp*Mnt nfoffntnoA

ioc

Guam

RELATION TOCHIIO

tSif*tW* 9f Pt"Tl e^.

367517

CERTIFIED COPY OF VITAL RECORDS

GOVERNMENT OP GUAM

This is a true and exact reproduction ol ihe document officially registered and placed on Me
in Ihe office ol Vilal Statistics. DEPARTMENT OF PUBLIC HEALTH & SOCIAL SERVICES

yy-v

DATE ISSUED .

NOV

Candy*. R. bamd*
CAROLYN R. GARRIDO
RMMSIRAR

Thiscopy is noi valid unless prepared en an ong'.ivedborder, displaying ins dare signage ana seal 0' tne RegiSlrai
n v t i - i b . lie*

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 9 of 15

Alicia G. Limtiaco

Alberto C. Tolentino

Attorney General

Chief Deputy Attorney General

OFFICE OF THE ATTORNEY GENERAL

: ..-J

March 19,2009

to

rO

Legal Memorandum

Ref: DOA 08-0606

To:

Difector, Department of Administration

From:

Attorney General ^*

Subject:

Extent of Definition of "Common law"

You have asked: Is there anything that prevents the government of Guam from extending the
definition ofcommon law relationship, as recognized in the personnel policy of the government
of Guam, to include same sex partners?

Does the term 'common law,1 as used in Guam law establishing personnel policy for the
government of Guam, and as defined in the Personnel Rules and Regulations Glossary, extend to
same sex relationships? Based upon our legal research and analysis, the term does not extend to
same sex couples.

1.

Reference to Common Law Relationship inPersonnel Statute.

The Personnel Policy and the Civil Service Commission Act (4 GCA 4101, et seq.)
recognizes a common law relationship for certain personnel matters. The use of sick leave is
allowed, under certain conditions, for an employee to provide health care to an 'immediate
family member' who has a serious illness or injury. Immediate family member is defined to
mean the employee's spouse, common law, parents, parents-in-law, grandparents, brothers,
sisters, children, grandchildren, any step or adoptive parents, adopted children or grandchildren

ofboth the employee and the spouse, a guardian or person in loco parentis. 4 GCA 4108(c) (2)
(emphasis added).

This is the sole reference in Guam statutes to common law, in the context of a family
relationship. The term is not defined in the statute.

287 West O'Brien Drive HagStna, Guam 96910 < USA

(671) 475-3324 (671) 472-2493 (Fax)

EXHIBIT B

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 10 of 15

^b5

Memo lo Director, DOA

Re: Extent ofDefinition of "Common law", DOA 08-0606

Page 2

2.

Reference to Common Law Relationship in Personnel Regulations.

The Personnel Rules and Regulations contain a glossary of terms (hereafter, Rules Glossary).
The Rules Glossary defines 'immediate family' as follows:

"With respect lo leave, immediate family is defined as the employee's spouse, common
law, mother, father, grandparents, guardian, children, in-loco parentis, sister, brother,
mother-in-law and father-in-law. Step, adoptive, and spouse of adoptive
parents/children/grandchildren would also be considered "immediate family" (emphasis
added).

Further, the Rules Glossary defines common lawas:

"persons who have co-habitated for at least two consecutive years and who are
readily eligible to marry without emancipation under the laws of Guam."
This definition of common law is the only definition of the term found in Guam law.

3. 'Immediate Family' and 'Common Law' Relationship in Leave Policy.

The concept ofimmediate family, and by extension, common law relationship, is applicable in
the personnel policies and procedures, in the following instances:

Sick Leave. By statute, sick leave may be used by an employee who is compelled to be away

from work in order to care for an immediate family member due to serious illness or injury and
the employee has exhausted all annual leave and compensatory time available.

4 GCA

4108(c)(2).

Bereavement Leave. An employee shall be granted leave for two days upon the death of any
member ofthe employee's immediate family. Rule 8.411.

Paternity Leave. Paternity leave shall be granted to a male employee upon the birth ofa child by
his wife, including common law. Rule 8.412.

Leave Without Pay. Extended leave without pay may be granted to an employee for good cause,
and an example ofgood cause for granting leave without pay includes providing care to a spouse

who is ill or disabled. Rule 8.605. This example does not refer to the common law relationship.
Family and Medical Leave Act. Leave ofabsence shall be approved for an employee under the
Family and Medical Leave Act for the care of a spouse with a serious health condition. Rule
8.800 (A) (3) and (D) (2). The common law relationship is not specifically mentioned.

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 11 of 15

Memo to Director, DOA

Re: Extent of Definition of "Common law", DOA 08-0606

Page 3

4. Leave Sharing.
By statute, a classified employee of the government can share accumulated leave with another
employee who, because of personal reasons, is in need of extended annual or sick leave and does

not have enough accumulated leave for the purpose. 4 GCA 4109.1 lo 4109.3. This
provision of donating leave to a fellow employee is referred to as 'leave sharing.' Leave sharing
procedures are found at Appendix G of the Rules.

Appendix G defines 'family member' as:

"Spouse, including a so-called "common law" spouse if such spouse is 18 years old or
over, and has cohabited with the employee for at least the last two consecutive years
immediately preceding the request for leave donation. Other recognized family members
include..."

This definition of the common law relationship is not consistent with the definition found in the
Rules Glossary, as it does not include the provision that the couple be readily eligible to marry.
It is noteworthy that the statute authorizing the leave sharing procedures, at 4 GCA 4109.3,
does provide that the Director of Administration shall maintain the leave sharing program in the
same manner as other personnel rules and regulations enacted pursuant to 4105 of Title 4.

5.

Health Insurance and Life Insurance Benefits.

The use of the term 'common law' as a reference to common law marriage was likely introduced
into the personnel practices of the government of Guam by health and life insurance providers.
At the present time, both the health insurance provider, Calvo's Select Care, and the life
insurance provider, Individual Assurance Company, recognize the common law relationship in
insurance coverage available to governmentof Guam employeesand retirees.

Calvo's Select Care defines Spouse to include:

"a "common law" spouse, provided that such common law spouse is readily eligible to
marry the Subscriber without emancipation under Guam law and has cohabited with the
subscriber for the last two consecutive years immediately preceding the proposed
Enrollment of such common law spouse."

Individual Assurance Company defines dependant to include, as a family member, the

Individual's common-law spouse. Common-Law Spouse requirements include:
a. must be over the age of 18 years of age and have the legal capacity to marry; and
b. must have cohabitated continuously for a period of at least two years and together
have borne a child; or
c. if no child was borne together, then the period of continuous cohabitation must be at
least four years.

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 12 of 15

Memo to Director, DOA

Re: Extent of Definition of "Common law", DOA 08-0606
Page 4

6.

Readily Eligible to Marry Under the Laws of Guam.

The term 'common law,' found in the Personnel Rules and Regulations, by its own definition,
applies to those couples who have co-habitated for at least two consecutive years and who are
readily eligible to marry without emancipation under the laws of Guam. Therefore, whether
common law extends to same sex relationships is determined by who is eligible to marry under
the laws of Guam? Are same sex couples eligible to marry under the laws of Guam? The
answer is no.

Marriage is "a personal relation arising out of a civil contract, to which the consent of the parties
capable of making that contract is necessary. Consent alone will not constitute marriage; it must
be followed by a solemnization authorized by this Title." 19 GCA 3101. Marriage must be
licensed, solemnized, authenticated, and recorded. 19 GCA 3201.
Marriage is licensed on Guam at the Departmentof Public Health and Social- Services (hereafter,

Public Health). 19 GCA 3202. All persons about to be married must fi|St obtain a license
from Public Health to do so.

A marriage is also recorded at Public Health. Section 3202 requires that each marriage
performed on Guam shall be filed with the Territorial Registrar of Vital Statistics and specific
formalities and requirements are set out for this to be done. For this purpose marriage is defined.

"Marriage means the legal union of persons of the opposite sex. The legality of the union
may be established by civil or religious regulations, as recognized by the laws of Guam."
10 GCA 3207 (8).
In addition to the unequivocal definition found at 3202, there are numerous references in the
laws of Guam that would indicate that a marriage is understood to be between a man and a
woman. What follows is a compilation of references to marriage that imply or assume that a
marriage on Guam is between a man and a woman.
19 GCA 3108,
Upon entering a contract of marriage a woman may elect to retain her maiden name as
her surname. Upon entering into a contract of marriage, either spouse may elect to
hyphenate his or her name with the surname of the other spouse.
19 GCA 3202

(a) All persons about to be joined in marriage must first obtain a license therefore, from
the Department of Public Health and Social Services, which license shall state:
(i) .(7) Whether the female elects to retain her maiden name as her surname upon
marriage as provided for by 3108.
(8) Whethereither party elects to hyphenate his or her surname with the surname
of the other party as provided for by 3108.
(9) ...

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 13 of 15

Memo to Director, DOA

Re: ExtentofDefinition of "Common law", DOA 08-0606

Page 5

19 GCA 8402

When an action for dissolution of marriage is pending, the court may...require the
husband or wife, as the case may be, lo pay as alimony any money necessary to enable
the wife, or the husband, to support herself and her children, or to support himself and his
children... When the husband or wife willfully deserts the wife or husband, or when the

husband or wife has any cause of action for dissolution of marriage... he or she may,
without applying for dissolution of marriage, maintain in the Superior Court of Guam an
action against her or him for permanent support and maintenance of himself or herselfor
of himself and the children or of herself and the children. When the husband willfully

fails to provide for the wife, she may, without applying for dissolution of marriage,
maintain in the Superior Court an action against him for permanent support and
maintenance of herself or of herself and children.

19 GCA 6105(b)

Property orany interest therein acquired during marriage by a woman by an instrument in

writing, in her name alone, or in her name and the name of another person not her
husband, is presumed to be the separate property ofthe married woman ...
22 GCA 9103(s) and (t)

(s) Widow. The term includes only the decedent's wife who, at the time of his death,

lived with him or was dependent for support upon him; orwho was living apart from him
for...

(t) Widower. This term includes only the decedent's husband who, at the time of death,
lived with her husband and was dependant for support upon her.
7.

Conclusion.

The common law relationship, a relationship that is akin to marriage, is established and
recognized in government of Guam personnel law, policy and benefits. The definition of what
establishes a common law relationship is clear. This definition is consistent with the definition
utilized by the providers of both health insurance and life insurance benefits to government of
Guam employees.

In order for the relationship to be considered common law, as that term is used, the common law

couple is required to be readily eligible to marry. On Guam, only a man and a woman are legally
readily eligible to marry.

JOHN WEISENBERGER

Assistant Attorney General"

Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 14 of 15

10 GCA Health and Safety

Ch. 3 Public Health and Social Services

(3)Filing means the presentation of a certificate, reportor otherrecord

provided for in this article of a birth, death, fetal death, adoption,
(4)Registration means the acceptance by the OfficeofVital Statistics
and the incorporation in its official records of certificates, reports or other
records provided for in this article, ofbirths, deaths, fetal deaths, adoptions,
llegitimation marriages or divorces.

(5) Live birth means the complete expulsion or extraction from its
mother of a product of human conception, irrespective of the duration of
pregnancy, which, aftersuch expulsion orextraction, breathes or shows any
otherevidence of life such as beating of umbilical cord [heart] or definite
movement of the voluntary muscles, whether or not the umbilical cord has
been cut or the placenta is attached.

(6) Fetal death means death prior to the complete expulsion or

extraction from its mother of a product of human conception, irrespective of
the duration of pregnancy; the death is indicated by the fact that after such
expulsion or extraction the fetus does not breathe or show any other
evidence of life such as beating ofthe heart, pulsation ofthe umbilical cord
or definite movement of voluntary muscles.

(7) Dead body means a lifeless human body or parts of such body or
bones thereof from the state of which it reasonably may be concluded that
death recently occurred.

(8) Marriage means the legal union of persons of opposite sex. The
legality of the union may be established by civil or religious regulations, as
recognized by the laws of Guam.

(9) Divorce or annulment means the final legal dissolution of a

marriage, voidor otherwise, that is, the separation of husband and wife by a
judicial decree which confers on the parties the right to remarriage,
according to the laws of Guam.

(10) Physician means a person authorized or licensed to practice the

healing art, pursuant to the laws of Guam.

(11) Attendant at birth means the physician, midwife, nurse or other

person present and assisting in the delivery of a newborn.
(12) Institution means any establishment, public or private, which
provides in-patient medical, surgical or diagnostic care or treatment or

COL 11292010
EXHIBIT C
Case 1:15-cv-00009 Document 8 Filed 04/13/15 Page 15 of 15