University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name McNosky v. Perry PB-TX-0008
Docket / Court 1:13-CV-00631 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On July 29, 2014, a couple who were denied a marriage license because they were both members of the same sex brought suit in the U.S. District Court of the Western District of Texas against the state of Texas. The plaintiffs represented themselves pro se, and asked the court to declare that any ... read more >
On July 29, 2014, a couple who were denied a marriage license because they were both members of the same sex brought suit in the U.S. District Court of the Western District of Texas against the state of Texas. The plaintiffs represented themselves pro se, and asked the court to declare that any Texas statutes and state constitutional amendments that prohibited same-sex marriage were unconstitutional, and to issue a preliminary and permanent injunction to prevent the defendants from enforcing the same-sex marriage ban.

The plaintiffs claimed that the Texas' ban on same-sex marriage violated their constitutional rights under the Equal Protection and Due Process Clause. They further claimed that the ban interfered with their ability to be recognized as a family and obstructed the flow of social and administrative benefits that a different-sex married couple would enjoy.

The defendants filed a motion to consolidate this case with Zahrn v. Perry and De Leon v. Perry, which was denied on January 10, 2014. The plaintiffs submitted a motion for summary judgment to the court (Judge Sam Sparks) on January 12, 2014. On March 12, 2014, the defendants filed a motion to stay the case. In the interest of judicial efficiency, the motion asked that the current case not proceed until a similar case, De Leon v. Perry, has been decided. Neither the motion for summary judgment nor the motion to stay the case had yet been decided.

As of July 31, 2014, the case was still ongoing.

Megan Dolan - 07/31/2014


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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 Plaintiffs are a couple living in the state of Texas who were denied a marriage license because both were the same sex.
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-0004 : De Leon v. Perry (W.D. Tex.)
PB-TX-0007 : Zahrn 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−00631 (W.D. Tex.) 03/22/2014
PB-TX-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/29/2013
PB-TX-0008-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 10/09/2013
PB-TX-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Sparks, Sam (W.D. Tex.)
PB-TX-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers McNosky, Christopher (Texas)
PB-TX-0008-0001 | PB-TX-0008-0002 | PB-TX-0008-9000
Stricker, Sven (Texas)
PB-TX-0008-0001 | PB-TX-0008-0002 | PB-TX-0008-9000
Defendant's Lawyers Chasnoff, Barry A. (Texas)
PB-TX-0008-9000
Deane, William T. (Texas)
PB-TX-0008-9000
Friemel, Russell A. (Texas)
PB-TX-0008-9000
Lane, Daniel McNeel (Texas)
PB-TX-0008-9000
Murphy, Michael P. (Texas)
PB-TX-0008-9000
Stenger-Castro, Frank (Texas)
PB-TX-0008-9000
Other Lawyers None on record

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