Appellate Case: 13-4178

Document: 01019212430

Date Filed: 03/04/2014

Page: 1

Case Nos. 13-4178, 14-5003, 14-5006 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT DEREK KITCHEN, et al., Plaintiffs-Appellees, v. Case No. 13-CV-217-RJS GARY R. HERBERT, in his official capacity as Governor of Utah, et al., Defendants-Appellants. Appeal from the United States District Court for the District of Utah,

MARY BISHOP, et al., Plaintiffs-Appellees, and

Appeal from the United States District Court for the Northern District of Oklahoma, Case No. 04-CV-848-TCK-TLW

SUSAN G. BARTON, et al., Plaintiffs-Appellees/Cross-Appellants, v. SALLY HOWE SMITH, in her official capacity as Court Clerk for Tulsa County, State of Oklahoma, Defendant-Appellant/Cross-Appellee.

MOTION OF THE STATE OF KANSAS TO JOIN THE BRIEF OF AMICUS CURIAE STATE OF MICHIGAN IN SUPPORT OF STATES OF UTAH AND OKLAHOMA

Docket Reference Number: [10154681]

Appellate Case: 13-4178

Document: 01019212430

Date Filed: 03/04/2014

Page: 2

The State of Kansas hereby moves the Court for permission to join the brief of amicus curiae State of Michigan filed on February 10, 2014 in support of the States of Utah and Oklahoma. The State of Michigan does not object to Kansas joining its amicus brief.1 Permitting Kansas to join Michigans brief, which was timely filed, will not burden any party or other amicus curiae and will not cause delay to the Court. Like Michigan, Kansas has a strong interest in protecting the traditional and exclusive authority of the States to define marriage. The Kansas Constitution, Kan. Const. Art. 15 16, and Kansas statutes, K.S.A. 2013 Supp. 23-2501, define marriage as being between one man and one woman. By joining Michigans brief, Kansas seeks to defend the reasoned judgment of Kansas voters to adhere to the traditional definition of marriage. Kansas recognizes that the deadline for filing an amicus brief in support of the appeals captioned above was February 10, 2014. Kansas seeks to join Michigans amicus brief after the deadline because Kansas just became aware of the brief today. For the reasons stated above, Kansas respectfully moves that the Court permit the State of Kansas to join the amicus brief of the State of Michigan.

Pursuant to Fed. App. R. P. Rule 29(a), a State may file an amicus-curiae brief without the consent of the parties or leave of court. 1

Appellate Case: 13-4178

Document: 01019212430

Date Filed: 03/04/2014

Page: 3

Dated: March 4, 2014

Respectfully submitted, DEREK SCHMIDT Kansas Attorney General /s/ Jeffrey A. Chanay Jeffrey A. Chanay Deputy Attorney General Counsel of Record Bryan C. Clark Assistant Solicitor General Memorial Building 120 SW 10th, 2nd Floor Topeka, Kansas 66612 Telephone: (785) 296-2215 E-mail: jeff.chanay@ksag.org bryan.clark@ksag.org Counsel for State of Kansas

CERTIFICATE OF DIGITAL SUBMISSION No privacy redactions were necessary in this document. The document is a PDF document. The digital submission has been scanned for viruses using Sophos Endpoint Security and Control (version 10.3), which was most recently updated on March 4, 2014. No viruses were detected. The hardcopies of this motion are exact copies of the version submitted electronically.

Appellate Case: 13-4178

Document: 01019212430

Date Filed: 03/04/2014

Page: 4

CERTIFICATE OF SERVICE Pursuant to Federal Rule of Appellate Procedure 25(d), I hereby certify that on this 4th day of March, 2014, the foregoing Motion Of The State Of Kansas To Join The Brief Of Amicus Curiae State Of Michigan In Support Of States Of Oklahoma And Utah was electronically filed with the Clerk of Court for the United States Court of Appeals for the Tenth Circuit using the CM/ECF system. I certify that the participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. I also certify that I caused three paper copies to be delivered by Federal Express to the Clerks Office.

DATED: March 4, 2014

/s/ Jeffrey A. Chanay