University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gerber v. Cooper PB-NC-0007
Docket / Court 1:14-cv-00299 ( M.D. N.C. )
State/Territory North Carolina
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Case Summary
On April 9, 2014, several same-sex couples residing in North Carolina filed a lawsuit in the North Carolina Middle District U.S. District Court under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and private counsel, ... read more >
On April 9, 2014, several same-sex couples residing in North Carolina filed a lawsuit in the North Carolina Middle District U.S. District Court under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and private counsel, asked the court to declare that North Carolina's ban on same-sex is unconstitutional, declare North Carolina laws prohibiting joint adoption by same-sex couples are also unconstitutional, enjoin the state from enforcing any of its laws banning same-sex marriage, direct the state to recognize same-sex marriages entered into in other states, and award the plaintiffs costs of suit and reasonable attorney's fees.

The plaintiffs alleged that their rights under the Due Process Clause and Equal Protection Clause were violated by North Carolina's laws banning same-sex marriage. They also claimed that the laws interfered with the structure of their families because same-sex couples could not participate in second parent adoption.

On June 2, 2014, the Court (Magistrate Judge Joi Elizabeth Peake) granted a petition that allowed one of the plaintiffs to prosecute this civil action on behalf of her minor child. That same day, the Court stayed further proceeding pending a ruling by the Court of Appeals for the Fourth Circuit in Bostic v. Schaefer, which also challenged a state's ban on same-sex marriage.

As of July 2, 2014, this case was still ongoing.

Megan Dolan - 07/02/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Adoption
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) State of North Carolina
Plaintiff Description Three same-sex families who are residents of North Carolina.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
1:14-cv-299 (M.D. N.C.) 02/10/2015
PB-NC-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/09/2014
PB-NC-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Recommendation of United States Magistrate Judge 06/02/2014 (M.D. N.C.)
PB-NC-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/27/2014 (M.D. N.C.)
PB-NC-0007-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/06/2014 (M.D. N.C.)
PB-NC-0007-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/06/2014 (M.D. N.C.)
PB-NC-0007-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/14/2014 (M.D. N.C.)
PB-NC-0007-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/14/2014 (M.D. N.C.)
PB-NC-0007-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Osteen, William Lindsay Jr. (M.D. N.C.)
PB-NC-0007-0003 | PB-NC-0007-0004 | PB-NC-0007-0005 | PB-NC-0007-0006 | PB-NC-0007-0007 | PB-NC-0007-9000
Peake, Joi Elizabeth (State Trial Court, M.D. N.C.) [Magistrate]
PB-NC-0007-0002 | PB-NC-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Beeney , Garrard R (New York)
PB-NC-0007-9000
Brook, Christopher (North Carolina)
PB-NC-0007-9000
Castleman, David A (New York)
PB-NC-0007-9000
Falcone, Jeremy M (North Carolina)
PB-NC-0007-9000
Gill, Elizabeth O. (California)
PB-NC-0007-9000
Kleysteuber, William R. A. (New York)
PB-NC-0007-9000
Richardson, Amy E. (North Carolina)
PB-NC-0007-9000
Sasser, Jonathan D (North Carolina)
PB-NC-0007-0001 | PB-NC-0007-9000
Saxe, Rose A. (New York)
PB-NC-0007-9000
Defendant's Lawyers Barnett, Michael J. (North Carolina)
PB-NC-0007-9000
Eastman, John C. (California)
PB-NC-0007-9000
Hood, David Wallace (North Carolina)
PB-NC-0007-9000
Payne, John Mark (North Carolina)
PB-NC-0007-9000
Potter, Robert Daniel (North Carolina)
PB-NC-0007-9000
Vanderhulst, Joseph A. (Indiana)
PB-NC-0007-9000
Vysotskaya de Brito, Olga Eugenia (North Carolina)
PB-NC-0007-9000
Whitehead, Charles Gibson (North Carolina)
PB-NC-0007-9000
Other Lawyers None on record

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