Case: Carson v. Heigel

3:16-cv-00045 | U.S. District Court for the District of South Carolina

Filed Date: Jan. 7, 2016

Closed Date: June 15, 2017

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Case Summary

The Plaintiffs, same-sex parents filing on behalf of their minor twins, filed this lawsuit in the District Court of South Carolina (Columbia Division) on January 7, 2016. The Plaintiffs sued the South Carolina Department of Health and Environmental Control/State Registrar of Vital Statistics under 42 U.S.C. § 1983. The Plaintiffs, represented by Lambda Legal Defense and Education Fund, Inc., sought declaratory and injunctive relief, claiming violations of Obergefell v. Hodges and other binding precedent, as well as violation of their fundamental right to marry and other protected liberties. The Plaintiffs alleged that Defendant’s refusal to treat same-sex spouses the same as opposite-sex spouses in the issuance of birth certificates is a violation of the Fourteenth Amendment to the United States Constitution. The Plaintiffs further alleged that the Defendant’s refusal to name both Plaintiffs on their twins’ birth certificates discriminates on the basis of sex and sexual orientation.

The Plaintiffs filed a Motion for Summary Judgment on May 31, 2016. They alleged that there was no dispute between the parties as to material fact and that the Defendants failed to contest the Plaintiffs’ constitutional arguments or right to declaratory relief judgment. The Court agreed, and on February 15, 2017, District Judge Mary G. Lewis granted Plaintiff’s Motion for Summary Judgment and request for declaratory judgment. 2017 WL 624803.

On February 28, 2017, Judge Lewis entered a Consent Decree ordering the Defendant to (1) apply all rules, procedures, policies and practices relating to the issuance of birth certificates to same-sex spouses on the same terms as it applies them to different-sex spouses, (2) to list the birth mother on the original birth record as the “Mother” of a child born in South Carolina, (3) to list the spouse of the birth mother on the birth record as the other parent of the child (excluding instances of surrogate births), (4) to issue two-parent birth certificates to married same-sex parents on the same terms that two-parent certificates are provided to different-sex married parents, (5) to modify its existing vital records system to allow updates to its systems and forms so that the first parent is listed as “Mother/parent,” and the second parent as “Father/parent,” (6) to institute updates to allow the Mother’s Worksheet for Child’s Birth Certificate completed at hospitals to be recorded in a gender-neutral fashion, (7) to issue corrected birth certificates to the Plaintiff’s mailing address, (8) to make available to the public a statement listing these new policies and procedures, (9) and to allow any individuals who meet the requirements listed in this public statement but were previously denied issuance of a birth certificate listing both same-sex spouses as parents to obtain a corrected birth certificate for free. Furthermore, the court maintained jurisdiction of the case for purposes of monitoring compliance with and enforcing the Consent Decree, and allowed the Plaintiff’s to submit a motion for attorney’s fees and costs pursuant to federal and local rules.

The Plaintiffs filed a Motion for Attorney’s Fees on April 14, 2017, requesting approximately $49,000, but subsequently withdrew that motion on June 15, 2017 in light of an agreed upon undisclosed settlement between the parties. The case is now closed.

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Summary Authors

Robert Carnes (10/13/2017)

Michael Beech (3/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5442009/parties/carson-v-heigel/

Judge(s)

Attorney for Plaintiff

Borelli, Tara L. (Georgia)

Condon, Colleen Therese (South Carolina)

Custer, William V (Georgia)

Dempsey, Jennifer Burch (Georgia)

Finney, Jerry Leo (South Carolina)

Attorney for Defendant

Judge(s)

Lewis, Mary Geiger (South Carolina)

Attorney for Plaintiff

Borelli, Tara L. (Georgia)

Condon, Colleen Therese (South Carolina)

Custer, William V (Georgia)

Dempsey, Jennifer Burch (Georgia)

Finney, Jerry Leo (South Carolina)

Lantta, Luke A (Georgia)

Sommer, Susan (New York)

Attorney for Defendant

Harleston, John (South Carolina)

Lord, William Leighton (South Carolina)

Mergo, Nikole Setzler (South Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:16-cv-00045	Docket [PACER]	April 17, 2017	April 17, 2017 Docket
1 3:16-cv-00045	Complaint	Jan. 7, 2016	Jan. 7, 2016 Complaint
12 3:16-cv-00045	First Amended Complaint For Declaratory and Injunctive Relief	Jan. 27, 2016	Jan. 27, 2016 Complaint
36 3:16-cv-00045	Memorandum Opinion and Order Granting Plaintiffs' Motion For Summary Judgment on the Merits and For Declaratory Judgment and Rendering As Moot Plaintiffs' Request For Injunctive Relief	Feb. 15, 2017	Feb. 15, 2017 Order/Opinion 2017 WL 624803
37 3:16-cv-00045	Consent Decree	Feb. 28, 2017	Feb. 28, 2017 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5442009/carson-v-heigel/

Last updated Dec. 6, 2025, 3:27 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Catherine Heigel (Filing fee $400 receipt number 0420-6336412) filed by Casy Carson, Jaqueline Carson. Service due by 4/11/2016(cbru, ) (Entered: 01/07/2016)	Jan. 7, 2016	Jan. 7, 2016 Clearinghouse
3	Local Rule 26.01 Answers to Interrogatories by Casy Carson, Jaqueline Carson.(cbru, ) (Entered: 01/07/2016)	Jan. 7, 2016	Jan. 7, 2016
4	Summons Issued as to Catherine Heigel. (cbru, ) (Entered: 01/07/2016)	Jan. 7, 2016	Jan. 7, 2016
5	MOTION to Appear Pro Hac Vice by Tara Borelli ( Filing fee $ 250 receipt number 0420-6346460) by Casy Carson, Jaqueline Carson. Response to Motion due by 2/1/2016. (Attachments: # 1 Pro Hac Vice Application, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finney, Jerry) (Main Document 5 replaced on 1/13/2016) (cbru, ). Additional attachment filed as entry 9 on 1/14/2016 (cbru, ). (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016
6	MOTION to Appear Pro Hac Vice by Susan Sommer ( Filing fee $ 250 receipt number 0420-6346550) by Casy Carson, Jaqueline Carson. Response to Motion due by 2/1/2016. (Attachments: # 1 Pro Hac Vice Application, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finney, Jerry) (Main Document 6 replaced on 1/13/2016) (cbru, ). (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016
8	TEXT ORDER granting 6 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 1/14/2016.(cbru, ) (Entered: 01/14/2016)	Jan. 14, 2016	Jan. 14, 2016
9	Additional Attachments to Main Document 5 MOTION to Appear Pro Hac Vice by Tara Borelli (Filing fee $250 receipt number 0420-6346460). First attachment description: Certificate of Good Standing for Tara Borelli.(Finney, Jerry) Modified to remove duplicative document and to edit text on 1/14/2016 (cbru, ). (Entered: 01/14/2016)	Jan. 14, 2016	Jan. 14, 2016
11	TEXT ORDER granting 5 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 1/15/2016.(cbru, ) (Entered: 01/15/2016)	Jan. 15, 2016	Jan. 15, 2016
12	AMENDED COMPLAINT against All Defendants, filed by Casy Carson, Jaqueline Carson. Service due by 4/29/2016 (Finney, Jerry) (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016 Clearinghouse
13	MOTION to Appear Pro Hac Vice by William V. Custer (Filing fee $250 receipt number 0420-6368487) by Casy Carson, Jaqueline Carson. Response to Motion due by 2/16/2016. (Attachments: # 1 Application/Affidavit and Certificates of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finney, Jerry) Modified to edit text on 1/27/2016 (cbru, ). (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016
14	MOTION to Appear Pro Hac Vice by Jennifer Burch Dempsey (Filing fee $250 receipt number 0420-6368527) by Casy Carson, Jaqueline Carson. Response to Motion due by 2/16/2016. (Attachments: # 1 Application/Affidavit and Certificates of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finney, Jerry) Modified to edit text on 1/27/2016 (cbru, ). (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016
15	MOTION to Appear Pro Hac Vice by Luke A. Lantta (Filing fee $250 receipt number 0420-6368542) by Casy Carson, Jaqueline Carson. Response to Motion due by 2/16/2016. (Attachments: # 1 Application/Affidavit and Certificates of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finney, Jerry) Modified to edit text on 1/27/2016 (cbru, ). (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016
16	TEXT ORDER granting 13 Motion to Appear Pro Hac Vice; granting 14 Motion to Appear Pro Hac Vice; granting 15 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 1/27/2016.(cbru, ) (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016
17	WAIVER OF SERVICE by Casy Carson, Jaqueline Carson. Catherine E. Heigel waiver executed on 1/27/2016, answer due 3/28/2016. (Finney, Jerry) (Main Document 17 replaced on 2/16/2016) (cbru, ). (Additional attachment(s) added on 2/16/2016: # 1 Waiver of Service) (cbru, ). (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016
19	NOTICE of Appearance by Colleen Therese Condon on behalf of Casy Carson, Jaqueline Carson (Attachments: # 1 Certificate of Service)(Condon, Colleen) (Attachment 1 replaced on 3/28/2016) (cbru, ). (Entered: 03/21/2016)	March 21, 2016	March 21, 2016
20	Deficiency Notification (Prior notifications sent via e-mail)In Re Document Number:19 Document (certificate of service) contains an incorrect signature: Only attorneys that are both admitted to practice in this district and are ECF registered are allowed to utilize the "s/" signature. Any response due is based on the filing date of the original document. (cbru, ) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016
21	ANSWER to 12 Amended Complaint by Catherine E. Heigel. (Attachments: # 1 Exhibit 1 - DHEC Memorandum Re: Surrogate Births and Birth Registration, # 2 Exhibit 2 - DHEC Memorandum Re: Same-Sex Parentage and Birth Registration)(Mergo, Nikole) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016
22	Local Rule 26.01 Answers to Interrogatories by Catherine E. Heigel.(Mergo, Nikole) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016
24	CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 5/2/2016, Motions to Amend Pleadings due by 5/27/2016, Plaintiffs ID of Expert Witness due by 6/27/2016, Defendants ID of Expert Witnesses Due by 7/26/2016, Records Custodian Affidavit due by 7/26/2016, Discovery due by 9/26/2016, Motion in Limine due by 1/9/2017, Motions due by 10/11/2016, Rule 26(a)(3) Disclosures due by 12/28/2016, Bench Trial Deadline 1/30/2017, Mediation Due by 12/8/2016. Signed by Honorable Mary Geiger Lewis on 3/29/2016. (cbru, ) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016
25	MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 3/29/2016. (cbru, ) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016
27	Joint Rule 26(f) Report by Casy Carson, Jaqueline Carson, Catherine E. Heigel. (Attachments: # 1 Exhibit A - Proposed Consent Amended Scheduling Order)(Finney, Jerry) Modified to add filer listed on document on 5/3/2016 (cbru, ). (Entered: 05/02/2016)	May 2, 2016	May 2, 2016
28	Joint Local Rule 26.03 Answers to Interrogatories by Casy Carson, Jaqueline Carson, Catherine E. Heigel.(Finney, Jerry) Modified to add filer listed on document on 5/3/2016 (cbru, ). (Entered: 05/02/2016)	May 2, 2016	May 2, 2016
29	CONSENT AMENDED SCHEDULING ORDER (Plaintiffs' Motion for Summary Judgment due by 5/31/2016, Response to Motion due by 6/29/2016, Reply to Response to Motion due by 7/18/2016) Signed by Honorable Mary Geiger Lewis on 5/3/2016. (cbru, ) (Entered: 05/03/2016)	May 3, 2016	May 3, 2016
31	MOTION for Summary Judgment by Casy Carson, Jaqueline Carson. Response to Motion due by 6/17/2016. (Attachments: # 1 Memo in Support of Summary Judgment, # 2 Exhibit List, # 3 Exhibit A - Affidavit of Jerry Leo Finney, Sr., # 4 Exhibit B - Affidavit of Frederick Corley, # 5 Exhibit C - Affidavit of Casy Carson, # 6 Exhibit D - Affidavit of Jacqueline Carson)No proposed order.(Finney, Jerry) (Entered: 05/31/2016)	May 31, 2016	May 31, 2016
33	RESPONSE in Opposition re 31 MOTION for Summary Judgment Response filed by Catherine E. Heigel.Reply to Response to Motion due by 7/11/2016 (Attachments: # 1 Exhibit 1-Affidavit of Shae R. Sutton)(Mergo, Nikole) (Entered: 06/29/2016)	June 29, 2016	June 29, 2016
34	REPLY to Response to Motion re 31 MOTION for Summary Judgment Response filed by Casy Carson, Jaqueline Carson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Henderson v. Adams Injunction, # 3 Exhibit B - Roe v. Patton Injunction, # 4 Exhibit C - Henry v. Himes Injunction)(Finney, Jerry) (Entered: 07/18/2016)	July 18, 2016	July 18, 2016
36	MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' 31 MOTION FOR SUMMARY JUDGMENT ON THE MERITS AND FOR DECLARATORY JUDGMENT AND RENDERING AS MOOT PLAINTIFFS' REQUEST FOR INJUNCTIVE RELIEF. Signed by Honorable Mary Geiger Lewis on 2/15/2017. (cbru, ) (Document replaced to correct misaligned signature block on 2/27/2017) (cbru, ). (Entered: 02/15/2017)	Feb. 15, 2017	Feb. 15, 2017 Clearinghouse
37	CONSENT DECREE. Signed by Honorable Mary Geiger Lewis on 2/28/2017. (Attachments: # 1 Exhibit 1)(cbru, ) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017 Clearinghouse
38	TEXT ORDER: The consent decree having been entered, the Court hereby dismisses the injunctive relief requested in the second cause of action without prejudice. Signed by Honorable Mary Geiger Lewis on 2/28/2017. (cbru, ) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017
39	SUMMARY JUDGMENT in favor of plaintiff against defendant as to the first cause of action and as to the declaratory relief requested in the second cause of action; JUDGMENT dismissing the injunctive relief requested in the second cause of action without prejudice (cbru, ) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017
40	MOTION for Attorney Fees and Costs by Casy Carson, Jaqueline Carson. Response to Motion due by 4/28/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Motion for Attorneys' Fees and Costs, # 2 Exhibit List, # 3 Exhibit A - Condon Order Granting Fees, # 4 Exhibit B - Affidavit of T. Borelli, # 5 Exhibit C - Affidavit of S. Sommer, # 6 Exhibit D - Affidavit of J. Finney, # 7 Exhibit E - Affidavit of C. Condon, # 8 Exhibit F - Affidavit of N. Shutt)No proposed order.(Finney, Jerry) (Entered: 04/14/2017)	April 14, 2017	April 14, 2017
41	CERTIFICATE OF CONSULTATION byCasy Carson, Jaqueline Carson re 40 MOTION for Attorney Fees and Costs. (Finney, Jerry) (Entered: 04/17/2017)	April 17, 2017	April 17, 2017
43	TEXT ORDER: Pending before the Court is Plaintiffs' Motion for Attorney Fees and Costs 40 . The Court is informed the parties are in settlement negotiations concerning this motion. Consequently, the Court hereby extends the deadline for Defendant to file her response to the motion, such that her submission is now due to the Court not later than June 5, 2017. IT IS SO ORDERED. (Response to Motion due by 6/5/2017) Signed by Honorable Mary Geiger Lewis on 5/12/2017. (cbru, ) (Entered: 05/12/2017)	May 12, 2017	May 12, 2017
44	TEXT ORDER: The deadline for Defendant to respond to Plaintiffs' 40 motion for attorney fees and costs is extended to June 20, 2017. IT IS SO ORDERED. (Response to Motion due by 6/20/2017) Signed by Honorable Mary Geiger Lewis on 6/6/2017. (cbru, ) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017
45	Withdrawal of Motions: 40 MOTION for Attorney Fees and Costs filed by Casy Carson, Jaqueline Carson.. (Finney, Jerry) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017