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Case Name De Leon v. Perry PB-TX-0004
Docket / Court 5:13-cv-00982-OLG ( W.D. Tex. )
State/Territory Texas
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On October 28, 2013, two couples filed this lawsuit in the U.S. District Court for the Western District of Texas. Represented by private counsel, they argued that Texas's ban on same-sex marriage violated their federal Due Process and Equal Protection Rights. All four plaintiffs are Texas ... read more >
On October 28, 2013, two couples filed this lawsuit in the U.S. District Court for the Western District of Texas. Represented by private counsel, they argued that Texas's ban on same-sex marriage violated their federal Due Process and Equal Protection Rights. All four plaintiffs are Texas residents. One couple married each other in Massachusetts in 2009, and seek recognition of that marriage, which is so far not forthcoming because they are both women. The other couple wish to be married in Texas, but were denied a license by the Bexar County Clerk because they are both men. Plaintiffs seek an immediate preliminary injunction against enforcement of Article I, section 32 of the Texas Constitution and corresponding provisions in the Texas' Family Code

Texas Family Code § 2.001, enacted in its current form in 1997, prohibits the county clerk of any Texas county from issuing a license for the marriage of persons of the same sex. In 2003, the Texas Legislature further amended the Texas Family Code to add § 6.204, which, among other things, prohibits recognition in Texas of lawful same-sex marriages from other jurisdictions. S.B. 7, 78th Leg., Reg. Sess. (Tex. 2003); H.B. 38, 78th Leg., Reg. Sess. (Tex. 2003). Section 6.204 declares void all marriages between persons of the same sex and all civil unions. Tex. Fam. Code § 6.204(b).

In 2005, after approval by Texas' legislature, a proposed constitutionalization of the ban on same-sex marriage was placed on the ballot as Proposition 2; it passed with approximately 76% of the vote. Therefore, the Texas Constitution now defines marriage as the union of one man and one woman. and prevents Texas and its political subdivisions from recognizing same-sex marriages. Tex. Const. Art. 1 § 32. Not only does it prevent same-sex couples from marrying, the Texas Constitution expressly bars Texas and its political subdivisions from "creat[ing] or recogniz[ing] any legal status identical or similar to marriage."

Plaintiffs' challenge is directed against all of these provisions.

After a hearing on the preliminary injunction, the District Court (Judge Orlando Garcia) found for the plaintiffs on February 26, 2014, holding that the ban on same-sex marriage violates both the equal protection and due process rights of the plaintiffs. The Court stayed its own order pending appeal in the U.S. Court of Appeals for the Fifth Circuit. On October 7, 2014, the Court of Appeals granted the same-sex couples' motion to expedite oral argument. On December 12, 2014, the District Court (Judge Orlando Garcia) denied the plaintiffs' motion to lift the stay. The Fifth Circuit heard argument on January 9, 2015.

As of April 17, 2015, the Court of Appeals has yet to issue a decision.

Margo Schlanger - 02/26/2014


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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
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Texas
Plaintiff Description Two same-sex couples. One was married out-of-state and seeks recognition of that marriage. The other wishes to be married.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
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
Case Listing PB-TX-0007 : Zahrn v. Perry (W.D. Tex.)
PB-TX-0008 : McNosky v. Perry (W.D. Tex.)
EE-TX-0471 : Freeman v. Parker (S.D. Tex.)
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)
5:13-cv-00982-OLG (W.D. Tex.) 01/16/2015
PB-TX-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Original Complaint for Declaratory and Injunctive Relief 10/28/2013
PB-TX-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' OPPOSED MOTION FOR PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM ENFORCING TEXAS' SAME-SEX MARRIAGE BAN 11/27/2013 (2013 WL 6980897)
PB-TX-0004-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Motion for Preliminary Injunction 02/26/2014 (975 F.Supp.2d 632) (W.D. Tex.)
PB-TX-0004-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiffs' Motion To Lift The Stay Of Injunction 12/12/2014 (W.D. Tex.)
PB-TX-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Garcia, Orlando Luis (W.D. Tex.)
PB-TX-0004-0003 | PB-TX-0004-0004 | PB-TX-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chasnoff, Barry A. (Texas)
PB-TX-0004-0001 | PB-TX-0004-0002 | PB-TX-0004-9000
Cooley, Michael P. (Texas)
PB-TX-0004-0002 | PB-TX-0004-9000
Lane, Daniel McNeel (Texas)
PB-TX-0004-0001 | PB-TX-0004-0002 | PB-TX-0004-9000
Pepping, Matthew (Texas)
PB-TX-0004-0002 | PB-TX-0004-9000
Stenger-Castro, Frank (Texas)
PB-TX-0004-0001 | PB-TX-0004-0002 | PB-TX-0004-9000
Weisel, Jessica (Texas)
PB-TX-0004-0002 | PB-TX-0004-9000
Defendant's Lawyers Bowen, Susan A (Texas)
PB-TX-0004-9000
Deane, William T. (Texas)
PB-TX-0004-9000
Murphy, Michael P. (Texas)
PB-TX-0004-9000
Other Lawyers Wilson, Robert Paul (Texas)
PB-TX-0004-9000

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