ATTACHMENT A

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS


KAIL MARIE, et al, )
Plaintiffs, )
)
vs. ) Case No. 14-cv-02518-DDC/TJJ
)
ROBERT D. MOSER, M.D., et al., )
)
Defendants. )


ANSWER OF INTERVENOR DEFENDANT
WESTBORO BAPTIST CHURCH, INC.

For their answer to Plaintiffs Complaint, Westboro Baptist Church, Inc. (WBC)
states:
1. Paragraph 1: Admitted plaintiffs seek relief to engage in same sex marriage; WBC
is without sufficient knowledge to admit or deny they are loving, committed same
sex couples.
2. Paragraph 2: Admitted the Kansas constitution and statutes prohibit same sex
marriage, and codify a proper Scriptural marriage; denied this results in lesbians,
gay men or their children being treated as second class, undeserving, etc., because
it is the published sexual behavior that the Bible prohibits, if anything, that puts
these persons in this class they describe. Further, any moral opprobrium that may
attach to this pronounced published sexual behavior in todays society is not
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something which the government should try to regulate, or from which the
government should relieve those who choose to engage in and publish this
unscriptural behavior.
3. Paragraph 3: Admitted Plaintiffs seek relief under the Equal Protection and Due
Process Clauses of the Fourteenth Amendment and challenge the validity of Kansas
law. Denied they are entitled to this relief.
4. Paragraph 4: Denied that when two people marry they commit to building a life
together; divorce rates in this nation belie that fact. Marriage is defined in the Bible
along with its purposes, most notably as a symbol of the mystery of Christ and His
Bride, the Church of the Lord Jesus Christ, see, e.g., Ephesians 5.
5. Paragraph 5: Denied that plaintiffs suffer any harm by the government not issuing
them a marriage license.
6. Paragraph 6: WBC is without sufficient knowledge to admit or deny if plaintiffs
are lesbians (since it is a behavior, and we have not witnessed the behavior), or that
they are in a committed, loving relationship.
7. Paragraph 7: WBC is without sufficient knowledge to admit or deny if plaintiffs
are lesbians (since it is a behavior, and we have not witnessed the behavior), or that
they are in a committed, loving relationship.
8. Paragraph 8: It is admitted that Dr. Moser is the Secretary of KDHE and his duties
include supervising Kansas system of vital records, etc. It is denied that Dr. Moser
has any ability to require or disallow same sex marriage licenses. It is also denied
that there is anything improper in designating a bride and groom for a marriage. It
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is written on the hearts of mankind, and in Holy Writ, that this is the proper scheme
of things. Have ye not read, that he which made them at the beginning made them
male and female, And said, For this cause shall a man leave father and mother, and
shall cleave to his wife: and they twain shall be one flesh? Matt. 19:4-5. It would
tear asunder a proper Bible definition of marriage, and a strong societal foundation
flowing from this Bible precept, to force officials to remove bride and groom
from marriage licenses. It a serious matter to tamper with this pattern set by God.
And the light of a candle shall shine no more at all in thee; and the voice of the
bridegroom and of the bride shall be heard no more at all in thee: for thy
merchants were the great men of the earth; for by thy sorceries were all nations
deceived, Revelation 18:23; emphasis added.
9. Paragraph 9: It is admitted that Mr. Hamilton is the Clerk in Douglas County, and
issues marriage licenses. It is denied that Mr. Hamilton has any ability to require or
disallow same sex marriage licenses.
10. Paragraph 10: It is admitted that Mr. Lumbreras is the Clerk in Sedgwick County,
and issues marriage licenses. It is denied that Mr. Lumbreras has any ability to
require or disallow same sex marriage licenses.
11. Paragraph 11 is admitted.
12. Paragraph 12 is admitted.
13. Paragraph 13 is admitted.
14. Paragraph 14: WBC is without sufficient knowledge to admit or deny Plaintiffs
joys and challenges of family life, etc. It is denied that Plaintiffs are treated in any
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manner as second class, whatever that may mean. Again, moral disagreement
with this lifestyle is not something that can be regulated by the government.
15. Paragraph 15: WBC is without sufficient knowledge to admit or deny paragraph
15.
16. Paragraphs 16-21 are not disputed; this is the method used by activists who wish to
impose the homosexual lifestyle on Kansans.
17. Paragraph 22 is denied.
18. Paragraphs 23-27: It is admitted that the legislation and constitutional amendment
referenced was passed; the rest of the language of these paragraphs is denied, as
they amount to nothing more than disagreement with the votes of legislators and
voters.
19. Paragraphs 28 and 29 are denied; persons who choose to engage in homosexual
behavior have full liberty in this country to do so, to live together, to make financial
arrangements together, to construct their wills to give their property to each other;
and to otherwise fully function as members of society. Single status, unmarried
persons living together in a sexual and romantic relationship, single parenthood and
divorce are too prevalent in this nation for anyone to seriously contend that you are
unable to function effectively and comfortably in American society without a
marriage license. The desire to have the government sanction this sin with a license
is not proper, and it is not a proper role of government to sanction sin.
20. Paragraph 30: It is admitted that the government can influence, and in fact this is
precisely why the government should not sanction this sin. The rest of paragraph
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30 is denied, as the language amounts to nothing more than disagreement with moral
disapproval of this sin of homosexuality, and a craving to have the government
endorse the sin as a means to try to shake off the moral opprobrium that naturally
attends it.
21. Paragraph 31 is denied. Insurance is available to single persons as well as couples;
it is equally available to a single person who pronounces that s/he engages in
homosexual behavior as it is to one who does not; the Affordable Care Act has
guaranteed that everyone will have access to affordable insurance; there is no
legitimate loss with that oft-cited over-worked issue. It is not the role of the
government to respect a sinful manner of life.
22. Paragraphs 32-35 are denied. There are substantial and compelling government
interests in protecting the health and welfare of the people, including by not
endorsing sin with a marriage license; and by not exposing the citizens to the wrath
and anger of God for proud sin; and by not encroaching on a proper Scriptural
marriage, to the extent that has survived in any law or constitution. A marriage
license (vis--vis the ability to engage in an intimate relationship, live together, raise
children together, etc.) should not be given the status of a constitutional right (to the
extent any recent law says otherwise, we urge a change in that law); and it should
not be exalted to such just to satisfy the craving by those who engage in the sin of
homosexuality to have their sin sanctioned by the government as one of the means
of trying to remove the moral opprobrium that naturally does and should attend sin.
23. Paragraphs 43 is answered by incorporating all of the above.
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24. Paragraph 44 is not disputed.
25. Paragraph 45 is not disputed to the measure it is reciting from the Fourteenth
Amendment and Section 1983.
26. Paragraphs 46-52 are denied.
27. Paragraph 53 is answered by incorporating all of the above.
28. Paragraph 54 is not disputed.
29. Paragraph 55 is not disputed to the measure it is reciting from the Fourteenth
Amendment and Section 1983.
30. Paragraphs 56-63 are denied. It is specifically denied that plaintiffs are prohibited
from having a marriage ceremony at a church or any other location of their choosing;
and it is specifically asserted that the reason plaintiffs desire a marriage license
(above and beyond their ability to engage in same sex sexual activity, to be involved
in a same sex romantic relationship, to live as a same sex couple, and to have any
manner and an unlimited number of ceremonies commemorating this same sex
relationship), is because of a craving to have the government endorse their sinful
behavior; this is not a proper role of government.
31. Paragraph 64 is denied; the government would not know, and does not need to know,
plaintiffs (or anyone elses) sexual orientation or proclivities; the law does not
target any of such self-proclaimed sexual orientation or proclivities; rather it
codifies a proper scriptural marriage, in the measure the government is going to
license marriage.
32. Paragraph 65 is denied.
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33. Paragraph 66 is expressly denied; it is factually and constitutionally erroneous to
equate moral disagreement with sinful behavior with a long and painful history of
discrimination. In WBCs considerable experience, this kind of emotional rhetoric
is just another way of saying people who engage in sin do not want to be told their
behavior is sinful. It is not a proper role of government to sanction sin, or prohibit,
discourage, or chill any citizen from calling sinful behavior sinful behavior, by its
official actions.
34. It is not disputed that sexual orientation is irrelevant to other societal engagement;
nor is it necessary to keep pronouncing sexual orientation.
35. Paragraphs 68-69 are disputed, except that it is admitted that all humans are born
with depraved hearts and the propensity to engage in every form of sin, including
homosexuality. We dispute the plaintiffs suggestion that simply because a person
is born with a propensity towards the particular sin of homosexuality, or cultivates
that particular propensity, that this entitles that person to some special status in the
law because of that sin.
36. Paragraphs 79-71 are disputed; to the contrary, American society today is very open
and welcoming of self-proclaimed sexual irregularities, including fornication,
divorce, remarriage, and homosexuality. Even those who claim to have some
disagreement with same sex marriage or homosexuality generally (with very few
exceptions) articulate their disagreement in such a manner as to be welcoming of
those who engage in these sexual irregularities; and there is no societal stigma
whatsoever for those who engage in and pronounce sexual unions outside of that
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prescribed by the Bible (one man, one woman, for life), and in fact the Bible
standard is largely mocked and disregarded by American society. Any voter
initiative that makes a very modest attempt to have the barest of limits on
homosexual behavior, because of a desire to maintain some small vestige of a proper
Bible marriage, is not a valid basis for the government stepping in and licensing sin.
37. Paragraphs 72-77 are denied.
38. As to paragraphs 78-81 and Prayer for Relief, paragraphs A-F, it is denied plaintiffs
are entitled to any relief in law. It is not the proper role of the courts, or any branch
of government, to give special protection to persons because they engage in sinful
conduct, make it their lifestyle, pronounce it, and glory in it. To the extent there is
any argument that any law from the Tenth Circuit Court of Appeals or the United
States Supreme Court justifies this Court doing so, those legal authorities offer no
binding opinion on the merits of this case as to these unique circumstances presented
by WBC; they do not address the issues raised by WBC; there is no en banc opinion
from the Tenth Circuit; there is no opinion from the United States Supreme Court;
and/or the law should be changed, and the Court should so rule.
39. Affirmative Defenses:
a. Plaintiffs have failed to state a claim for relief.
b. Plaintiffs claims are barred by statute of limitations.
c. Plaintiffs claims are barred by the doctrine of waiver.
d. Plaintiffs claims are barred by the doctrine of laches.
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e. Plaintiffs proposal to require the State of Kansas to issue same sex marriage
licenses violates WBCs members constitutional rights, in that,
i. It violates their freedom of association, requiring them as citizens of
Kansas to associate with same sex marriage through its state
governments official acts.
ii. It violates their freedom of religion; the government is supposed to be
neutral on matters of religion; by issuing licenses to same sex
marriage couples, the government will take a position on this
moral/religious issue, against WBCs religion/religious beliefs;
iii. It violates their freedom of religion to be free from an imposed
government-respect and social recognition for same sex marriage; this
is the core desire by plaintiffs and others in similar litigation
1
, to wit,
to gain social recognition and approval, and respect, through the force
of government, for their sinful conduct; the government is not entitled
to force this view on any citizen; and any law that has this impact
violates WBCs religious beliefs;

1
Financial issues, issues of being able to be involved in decisions such as health care and
family/children matters, pensions, tax issues, etc., are all secondary, and none of them are
without readily available alternatives and relief in todays society. Financial and
health/medical issues are faced by families of various configurations; a marriage license
doesnt resolve these issues; these are distractions, when the core issue is a desire for the
government to put its imprimatur of respectability, and the force of its arm, on this sinful
union, just like the government eventually and wrongfully did regarding
divorce/remarriage.

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iv. It violates their freedom of religion in that it exposes them to the risk
of same sex couples demanding WBC perform their marriage;
f. The laws of Kansas that limit marriage licenses to opposite sex couples is
supported by a substantial and compelling government interest in that it
requires the government at least in some measure to only license what God
has recognized as a marriage.
2

g. The laws of Kansas that limit marriage licenses to opposite sex couples is
supported by a substantial and compelling government interest in protecting
the health and welfare of the citizens of Kansas.
h. WBC reserves the right to plead such additional affirmative defenses as may
be warranted in law or equity that might become apparent as litigation
unfolds.
40. For all the reasons set out in WBCs Motion to Intervene the State is unable to
protect WBCs interests herein, thus WBC should be permitted to intervene as a
defendant herein, defend the current law, and protect and assert its constitutional
rights and interests.
41. WBCs Prayer for Relief: WBC prays that plaintiffs take nothing by their
Complaint; no relief should be afforded whatsoever pursuant to the well-established

2
The laws would be even more proper if they limited marriage licenses to those who had
no prior living spouse, because divorce/remarriage is contrary to Gods law, per the words
of the Lord Jesus Christ, who said divorce/remarriage is adultery. But I say unto you,
That whosoever shall put away his wife, saving for the cause of fornication, causeth her to
commit adultery: and whosoever shall marry her that is divorced committeth adultery,
Matthew 5:32, King James Bible.
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law of Kansas, enacted in compliance with all statutory, constitutional and
legislative requirements as well as the overwhelming vote of the citizens of Kansas,
which should be untouched. WBC requests, that if the Court should issue a ruling
that same sex marriage licenses must be issued, that WBC be given declaratory
judgment and injunctive relief that WBC is not required, for religious reasons, to
perform same sex marriages; and that WBC is not required to rent, lend or otherwise
make available any of her properties or good offices to host or otherwise enable
same sex marriage in any fashion; and any person is enjoined from trying to force
them to do the same. WBC further requests such additional relief in law and equity
as is necessary to protect and preserve WBCs religious, association, speech and
other federal, state and/or local constitutional and/or statutory rights, including but
not limited to civil rights laws and ordinances and the Religious Freedom
Restoration Act (to the extent still applicable involving actions of the federal
government which may flow from a ruling requiring licensing of same sex
marriages in Kansas); or otherwise, in law or equity.
42. WBCs Motion to Intervene filed herewith is incorporated herein in full, as though
set out verbatim, as part of this Answer.
43. As to the designation of Kansas City as the place of trial, WBC has no objection.

Respectfully submitted,

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/s/ Margie J. Phelps
______________________________________
Margie J. Phelps, Ks. Bar No. 10625
Attorney at Law
P.O. Box 3725
Topeka, KS 66604
785-408-4598 (ph)
785-233-0766 (fx)
[email protected]

/s/ Rachel I. Hockenbarger
______________________________________
Rachel I. Hockenbarger, Ks. Bar No. 14442
Attorney at Law
P.O. Box 4944
Topeka, KS 66604
785-554-0127 (ph)
785-233-0766 (fx)
[email protected]
ATTORNEYS FOR INTERVENOR
DEFENDANT WESTBORO BAPTIST
CHURCH, INC.
Certificate of Service

I hereby certify that a copy of the foregoing Answer of Intervenor Defendant
Westboro Baptist Church, Inc. motion was served through the Courts CM/ECF system on
the _____ day of ________________, 2014, on all counsel of record herein.

/s/ Margie J. Phelps
______________________________________
Margie J. Phelps

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