University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Nuckols v. Perry PB-TX-0005
Docket / Court 3:13-CV-00245 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
This case began on July 2, 2014, when a Texas resident filed a complaint in the U.S. District Court for the Southern District of Texas against the state of Texas under 42 U.S.C. § 1983. The plaintiff represented himself and asked the court to declare that Texas laws that prohibit same-sex ... read more >
This case began on July 2, 2014, when a Texas resident filed a complaint in the U.S. District Court for the Southern District of Texas against the state of Texas under 42 U.S.C. § 1983. The plaintiff represented himself and asked the court to declare that Texas laws that prohibit same-sex marriage are unconstitutional. The plaintiff claimed that the same-sex marriage ban violated his Fifth Amendment rights as guaranteed by the United States Constitution.

On July 15, 2014, the plaintiff filed a motion to dismiss, and the next day it was granted by the court (Honorable Judge Gregg Costa). The pro se plaintiff's stated reason for dismissal was the existence of a similar lawsuit in the state of Pennsylvania.

Megan Dolan - 07/28/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) State of Texas
Plaintiff Description Plaintiff is a resident of Texas who believed that the Texas' ban on same-sex marriage was unconstitutional.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
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)
3:13−cv−00245 (S.D. Tex.) 07/16/2013
PB-TX-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/02/2013
PB-TX-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/16/2013 (S.D. Tex.)
PB-TX-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Costa, Gregg Jeffrey (S.D. Tex., Fifth Circuit)
PB-TX-0005-0002
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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