FOR IMMEDIATE RELEASE

Contact:
Mariette Geldenhuys, Attorney at Law
The Gateway Center
401 East State Street, Suite 306
Ithaca, New York 14850
Tel: (607) 273-2272
E-mail: mg@mg-lawfirm.com

Bixler & Stumbar, LLP
Elizabeth Bixler
Richard Stumbar
207 East Court Street
Ithaca, New York 14850
Tel: (607) 273-6300
E-mail: ebixler@danica.com
rstumbar@danica.com

Ithaca, NY - June 2, 2004 - Twenty-five same-sex couples filed a lawsuit today in New York
State Supreme Court, Tompkins County, seeking a declaration from the Court that they have a
constitutional right to marry, and seeking an injunction requiring the Ithaca City Clerk to issue
them marriage licenses.

The plaintiffs, known as the “Ithaca Fifty”, all applied for and were denied a marriage license by
the Ithaca City Clerk earlier this year. In a letter rejecting the plaintiffs’ applications,
representatives of the City of Ithaca stated they were “constrained to reject” the applications due
to a warning from the New York State Department of Health that any municipal clerk who issues
a marriage license to a same-sex couple would be subject to criminal prosecution. The New York
State Department of Health, the City of Ithaca, and Julie Conley Holcomb, in her capacity as
Ithaca City Clerk, have all been named as defendants in the lawsuit.

“By refusing to issue marriage licenses to these plaintiffs, the City and State have
unconstitutionally interfered with the plaintiffs’ privacy rights, and have denied them equal
protection of the laws by making impermissible distinctions based on gender and sexual
orientation,” says Ithaca attorney Richard Stumbar of Bixler & Stumbar, LLP. Mr. Stumbar and
his partner, attorney Elizabeth Bixler, are representing approximately half of the plaintiffs.
Ithaca attorney Mariette Geldenhuys, who is representing the other half of the plaintiffs, states
“The plaintiffs have not only been denied the right to make a legal commitment to one another,
but they have been deprived of the comprehensive legal structure that marriage provides.” Ithaca
attorney Pamela Bleiwas has been assisting plaintiffs’ counsel. The attorneys stress that
plaintiffs have been excluded from a broad array of statutory protections and benefits afforded
by New York’s marriage law, as well as denied benefits and protections offered by employers
and other private entities which rely on the State’s definition of marriage.

The plaintiffs in this action are committed couples who want to assume the responsibilities and
enjoy the benefits of marriage, an institution that plays a central role in our society. The
plaintiffs represent a broad diversity of ages, employment and educational background, and
include teachers, attorneys, social workers, librarians, business people, students and stay-athome
parents. Many of the plaintiffs are motivated by a desire to see appropriate recognition of
and respect for their relationship in their neighborhood, workplace and in other areas of their
everyday lives. Some see marriage as an opportunity to celebrate their love and commitment,
while others see it as a right and freedom afforded them as Americans.

The attorneys expect to formally serve the defendants with the legal papers shortly. The
defendants will have twenty days from the date of service to file a response.