University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Zahrn v. Perry PB-TX-0007
Docket / Court 1:13-CV-00955 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On October 31, 2014, two same-sex couples who wished to have a state recognized marriage filed a lawsuit in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983 against the state of Texas. The plaintiffs, represented by private counsel, asked the court to declare that ... read more >
On October 31, 2014, two same-sex couples who wished to have a state recognized marriage filed a lawsuit in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983 against the state of Texas. The plaintiffs, represented by private counsel, asked the court to declare that Texas laws prohibiting same-sex marriage were unconstitutional, further declare that Texas must recognize same-sex marriages performed in other states, enjoin the defendants from enforcing the ban on same-sex marriage, and to award the plaintiffs costs of suit and reasonable attorneys' fees.

The plaintiffs claimed that the Texas laws which prohibited same-sex marriage violated their rights under the Due Process and Equal Protection Clauses of the United States Constitution. They further claimed that the ban interfered with their ability to recognized as a family and obstructed the flow of social and administrative benefits that marriage can bring.

The plaintiffs filed a Motion for Class Certification on February 28, 2014. They wished to form a Plaintiff Class consisting of all Texans who -- though they met all other necessary qualifications -- were denied the right to marry a member of the same sex. On March 12, 2014, the defendants filed a Motion to Stay Case pending an interlocutory appeal in De Leon v. Perry. Neither motion has been addressed by the court (Judge Sam Sparks).

As of July 28, 2014, this case is still ongoing.

Megan Dolan - 07/29/2014


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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
Public benefits (includes, e.g., in-state tuition, govt. jobs)
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 The plaintiffs are two same-sex couples residing in Texas who wish to have a state recognized marriage.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
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-0004 : De Leon v. Perry (W.D. Tex.)
PB-TX-0008 : McNosky v. Perry (W.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)
1:13-cv-00955-SS (W.D. Tex.) 10/31/2013
PB-TX-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief - Class Action 04/21/2014
PB-TX-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Jorgeson, S. Leigh (Texas)
PB-TX-0007-9000
Pittman, Ian E. (Texas)
PB-TX-0007-9000
Scheske, James J. (Texas)
PB-TX-0007-9000
Steed, Jason P. (Texas)
PB-TX-0007-0001 | PB-TX-0007-9000
Defendant's Lawyers Casas, Elaine A. (Texas)
PB-TX-0007-9000
Deane, William T. (Texas)
PB-TX-0007-9000
Kraber, Jennifer (Texas)
PB-TX-0007-9000
Murphy, Michael P. (Texas)
PB-TX-0007-9000
Thomas, Sherine Elizabeth (Texas)
PB-TX-0007-9000
Williams, Andrew M. (Texas)
PB-TX-0007-9000
Other Lawyers None on record

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