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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

Katherine Bradacs and Tracie Goodwin, Plaintiffs, vs. Nimrata (Nikki) Randhawa Haley, in her official capacity as Governor of South Carolina; Alan M. Wilson, in his official capacity as Attorney General of South Carolina, Defendants. _______________________________

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Civil Action No.: 3:13-cv-02351-JFA

Motion to Amend Complaint

Plaintiffs move to amend Plaintiffs Complaint by adding the following: FIFTH CLAIM: DUE PROCESS AND EQUAL PROTECTION UNDER THE CONSTITUTION OF SOUTH CAROLINA 53. Plaintiffs incorporate by reference all of the preceding paragraphs of this Complaint as though fully set forth herein. 54. South Carolina Constitution, Art. I, 3, provides: The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. 55. However, South Carolina Constitution, Art. XVII, 15 provides, A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State.

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56. Same-sex couples and opposite-sex couples are similarly situated for purposes of marriage. 57. Marriage is a fundamental right secured under the United States Constitution and the South Carolina Constitution. 58. South Carolinas prohibition of marriage between persons of the same sex and its refusal to recognize marriages entered into by same-sex couples in other jurisdictions violates the due process clause and the equal protection clause of South Carolina Constitution, Art. 1, 3. The grounds for this Motion are as follows: 1. Plaintiffs commenced this action by the filing and service of their Summons and Complaint on September 6, 2013, seeking declaratory and injunctive and related relief against the State of South Carolina, including but not limited to, immediate recognition of their marriage in the District of Columbia under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution; and a permanent injunction directing the State of South Carolina to recognize the Plaintiffs marriage entered into outside of the State of South Carolina. 2. Defendants filed an Answer to Plaintiffs Complaint on November 14, 2013 denying Plaintiffs entitled to any relief requested. 3. Plaintiffs seek to add the above count to their Complaint in that it relates to the same events and occurrences previously plead by Plaintiffs; is not prejudicial to Defendants; and is not motivated by bad faith or undue delay.

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(See Matter of Southmark Corp., 88 F.3d. 311, (Ct. App. 1996)). 4. Based upon the above stated grounds, Plaintiffs respectfully request leave of this Court to amend their Complaint in accordance to the proposed Amended Complaint attached hereto as Exhibit 1. 5. Plaintiffs counsel hereby certify that prior to filing this Motion, they conferred or attempted to confer with opposing counsel and attempted in good faith to resolve the matter contained in the Motion.

January ___, 2014

Respectfully submitted,

/S/ Carrie A. Warner____ Carrie A. Warner Federal ID Number 11106 Warner, Payne & Black, LLP 1531 Blanding Street Post Office Box 2628 Columbia, South Carolina 29201 (803) 799-0554 Facsimile: (803) 799-2517 carriewarner@wpb-law.net

John S. Nichols Federal ID Number 11598 Bluestein, Nichols, Thompson & Delgado, LLC 1614 Taylor Street Post Office Box 7965 Columbia, South Carolina 29202 (803) 779-7599 Facsimile: (803) 771-8097 jsnichols@bntdlaw.com -3-

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Laura W. Morgan Family Law Consulting 108 5th St. SE, Suite 204 PO Box 497 Charlottesville, Virginia 22902 goddess@famlawconsult.com

ATTORNEYS FOR PLAINTIFFS

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