Jones v. Perry

215 F. Supp. 3d 563, 2016 WL 6090931, 2016 U.S. Dist. LEXIS 143987
CourtDistrict Court, E.D. Kentucky
DecidedOctober 18, 2016
DocketCivil No. 16-51-GFVT
StatusPublished
Cited by7 cases

This text of 215 F. Supp. 3d 563 (Jones v. Perry) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Perry, 215 F. Supp. 3d 563, 2016 WL 6090931, 2016 U.S. Dist. LEXIS 143987 (E.D. Ky. 2016).

Opinion

OPINION & ORDER

Gregory F. Van Tatenhove, United States District Judge

Bradley Jones and Kathryn Brooke Sauer simply want to get married. Defendant Sue Carole Perry, the Shelby County Clerk, refuses to issue them a marriage license. She insists that Kentucky law prohibits her from doing so unless both Jones and Sauer physically appear at the clerk’s office to apply for a license. Sauer happens to be a prisoner at the Kentucky Correctional Institution for Women, so she cannot travel to the clerk’s office for this purpose.

Although Perry believes that Kentucky law compels her to prevent Jones and Sauer from exercising their fundamental right to marry, the relevant statutes tell a different story. In fact, these statutes make no mention of Perry’s in-person requirement, nor do they otherwise discuss the significance of a marriage applicant’s presence at the clerk’s office. The blanket in-person requirement is a contrivance of Perry and other government officials of this Commonwealth. It is also unconstitutional. For that reason, the Court will now permanently enjoin Perry from enforcing this requirement against Jones in the future.

I

Jones and Sauer were only teenagers when they first met at Westport Middle School in 1994. [R. 4-2 at 1.] They dated [566]*566for about a month, after which Sauer moved away from Louisville with her family. [Id.] Jones never forgot about her. He spent a lot of time “in and out of juvenile institutions and prison for a variety of nonviolent charges” over the next ten years, and he and Sauer lost touch. [Id.] When he finally exited the prison system, Jones began looking for her. He recalls “talking] to mutual friends, searching] the White Pages, and ... eventually us[ing] sites like Facebook to try to locate her.” [Id.] Years passed without any luck. Then, in 2014, he ran into an old middle school classmate who was still Mends with Sauer. [Id. at 2.] She told him that Sauer had experienced her own share of legal trouble over the years, and that she was currently serving a long-term prison sentence. [Id.]

Given his history, Jones “understood how much it means to an incarcerated person to talk to people on the outside.” [Id.] He and Sauer began exchanging letters and talking on the phone. [Id.] What started “as a rekindled friendship eventually led to a rekindled romantic relationship.” [Id.] Jones then obtained approval to visit her at the Kentucky Correctional Institution for Women (“KCIW”). [Id.] At their first in-person encounter since middle school, he proposed marriage. She said yes. He has continued to visit her “twice a week nearly every week since then.” [Id.]

Sauer is not eligible for parole until June of 2026. [Id. at 3.] Because of his religious beliefs, Jones does not believe he can “or should wait until then to solidify their bond before God and the Commonwealth of Kentucky.” [Id. at 2.] But state officials have consistently thwarted the couple’s attempts to marry. Jones reports that he has contacted “numerous county clerks” throughout the Commonwealth and “not one [will] agree to grant [the couple] a marriage license.” [Id.]

One of these clerks is Defendant Sue Carole Perry. She is the clerk of Shelby County, Kentucky, where KCIW is located. When Jones sought a marriage license from Perry in July 2016, she told him that “her office interprets Kentucky law as saying both parties must be present to issue a marriage license.” [Id. at 3.] Jones informed her that his fiancée could not appear at the clerk’s office because she was in prison, “but [Perry] still refused to issue a license.” [Id.] Prison officials at KCIW also offered no help; in a letter sent to Jones that same month, Warden Janet Conover informed him that she had “no objection to the marriage,” but that “both parties must be present [at the clerk’s office] to obtain a license and [the prison does] not transport inmates for this reason.” [R. 4-5 at 1.]

Jones later asked Perry to identify what “Kentucky law” prevented her from issuing the couple a license. [Id. at 3.] Rather than cite a Kentucky statute, Perry supplied a memo that she received from the Kentucky Department for Libraries & Archives (“KDLA”) in 2008. This memo noted that marriage license applications have “signature places for both the bride and groom.” [R. 4-6 at 1.] And because KRS § 402.110 states that clerks must “see to it that every blank space required to be filled by the applicant is so filled before delivering” a marriage license, the KDLA determined that “the county clerk in each county must have both parties sign the application and both must be present at that time.” [R. 4-6 at 1.] The department also claimed to have reached this conclusion “after consulting with” Kentucky’s Attorney General. [Id.]

In 2009, however, the Office of the Attorney General (“OAG”) expressed a very different opinion. The OAG issued a letter in response to a question from the Education and Workforce Development Cabi[567]*567net (which houses the KDLA) about “the inability of incarcerated persons to obtain a marriage license because they cannot present themselves to the county clerk.” [R. 8-1 at 1.] The office declined to issue a formal opinion “because litigation [was] being contemplated,” but did note that the in-person requirement likely interfered ■with a prisoner’s fundamental right to marry. [Id. at 2.] The OAG affirmed that “public officials cannot sit on their hands and frustrate an incarcerated person’s right to marry,” and advised the state to adopt “procedures ... to assist incarcerated persons in exercising” that right. [Id. at 1-2.]

Seven years after the OAG warned public officials not “to sit on their hands and frustrate an incarcerated person’s right to marry,” Jones walked into the Shelby County Clerk’s Office. Perry refused to issue him a marriage license. He then filed a Motion for Preliminary Injunction in this Court, arguing that Perry’s in-person requirement violates his “fundamental right to marry ... which is guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution.” [R. 4-1 at 1.]

II

A

Before reaching the substance of Jones’s request, the Court must first decide whether to treat his motion as one for a preliminary or permanent injunction. Ordinarily, courts should not convert a motion for a preliminary injunction into one for a permanent injunction without first holding an evidentiary hearing. Moltan Co. v. Eagle-Picher Indus., Inc., 55 F.3d 1171, 1174 (6th Cir. 1995). But no hearing is required when the dispute concerns a “purely legal question” and there are “no triable issues of fact.” United States v. McGee, 714 F.2d 607, 613 (6th Cir. 1983).

About a week before the parties met for oral argument, the Court directed them to “come to [the] hearing prepared to discuss” whether any triable issues of fact existed in this case. [R.

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215 F. Supp. 3d 563, 2016 WL 6090931, 2016 U.S. Dist. LEXIS 143987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-perry-kyed-2016.