Case: A.L.F.L. v. K.L.L.

014-CI-02421 | Texas state trial court

Filed Date: 2014

Clearinghouse coding complete

Case Summary

A same-sex couple married on August 10, 2010, in Washington D.C. After relocating to Texas, they registered their certificate of marriage as a foreign judgment in that state. On February 13, 2013, the parties had a child; one of them, later the respondent in this divorce proceeding, was the biological mother. Her first initial is K.On February 18, 2014, the other spouse, the petitioner in this matter (first initial A), filed this case in state court, seeking a divorce or in the alternative, an …

A same-sex couple married on August 10, 2010, in Washington D.C. After relocating to Texas, they registered their certificate of marriage as a foreign judgment in that state. On February 13, 2013, the parties had a child; one of them, later the respondent in this divorce proceeding, was the biological mother. Her first initial is K.

On February 18, 2014, the other spouse, the petitioner in this matter (first initial A), filed this case in state court, seeking a divorce or in the alternative, an order acknowledging her parental rights. K. responded by arguing that because Texas laws prohibited same-sex marriage and did not recognize out-of-state same-sex marriages, the court lacked authority to either grant a divorce or acknowledge her ex-wife's parental rights. K. also asserted that A. was not the biological or adoptive mother of the child.

A then argued that denying her ability to file for a divorce in Texas violated both the Equal Protection and the Due Process Clauses and that sections of the Texas Family Code banning same-sex marriage were unconstitutional. She requested a declaratory judgment and a temporary order requiring the State to recognize the parties' marriage.

After hearing arguments, on April 22, 2014, the trial court (Judge Barbara Hanson Nellermoe) ruled that sections of the Texas Family Code banning same-sex marriage were unconstitutional and therefore that the divorce petition was proper. The court also found that the statute illegally denied a specific group of citizens the right to parent their own children. The court informed the Texas Attorney General's office of its ruling; the State then filed a petition to intervene in the ongoing litigation. The State also filed a motion in the appellate court, arguing that the trial court had acted improperly when it heard a motion challenging the constitutionality of a state statute without giving prior notice to the State.

The appellate court (Judge Marialyn Barnard) issued a temporary stay on April 22, 2014, and on May 28, 2014, held that the trial court had abused its discretion by failing to provide prior notice to the Attorney General of the constitutional challenge to Texas state law. Judge Barnard directed the trial court to vacate its April 22, 2014. A.L.F.L. v. K.L.L. (In Re State of Texas), 2014 WL 2443910 (Ct.A.4th.D.TX)

On June 9, 2014, the State filed a motion to stay or abate the appeal while cases that dealt with similar legal issues were pending before the Texas Supreme Court. The appellate court granted the abatement, but on August 10, 2014, the State filed an emergency motion asking the court to lift the abatement for the limited purpose of granting an emergency stay, arguing that the trial court continued to conduct trial proceedings in this matter.

On August 13, 2014, the appellate court ordered the previous abatement lifted for the sole purpose of ordering the trial court not to take any action relating to its June 30, 2014, order or to take any other action with regard to the matters at issue in this appeal. In the Matter of the Marriage of A.L.F.L. and K.L.L., and in the Interest of K.A.F.L., a Child, 2014 WL 4357457 (Ct.4th.D.TX)

On June 26, 2015, eleven months after the appellate court issued their stay, same-sex marriage became legal in Texas with the U.S. Supreme Court ruling of Obergefell v. Hodges. 576 U.S (2015). Accordingly in this matter, on June 30, the appellate court labeled the proceeding "abated" - and on July 29, dismissed the parties' appeals as moot. In the Matter of the Marriage of A.L.F.L. and K.L.L., and in the Interest of K.A.F.L., a Child, 2015 WL 4561231 (Ct.4th.D.TX)

We have no record of how the matter continued to address the custody issues.

Summary Authors

Katherine Reineck (3/22/2015)

Beth Richardson (8/12/2015)

People


Judge(s)

Alvarez, Patricia O. (Texas)

Barnard, Marialyn (Texas)

Martinez, Rebeca C. (Texas)

Attorney for Plaintiff
Expert/Monitor/Master/Other

Deane, William T. (Texas)

Efron, Barry L. (Texas)

Judge(s)

Alvarez, Patricia O. (Texas)

Barnard, Marialyn (Texas)

Martinez, Rebeca C. (Texas)

Nellermoe, Barbara Hanson (Texas)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document

04-14-00364-CV

Court of Appeals Docket

In the Matter of the Marriage of A.L.F.L. and K.L.L., and in the Interest of K.A.F.L., a Child

Texas state appellate court

July 29, 2015

July 29, 2015

Docket

014-CI-02421

Order Denying Plea to the Jurisdiction

April 22, 2014

April 22, 2014

Order/Opinion

04-14-00282- CV

Opinion on Writ of Mandamus

A.L.F.L. v. K.L.L. (In Re State of Texas)

Texas state appellate court

May 28, 2014

May 28, 2014

Order/Opinion

2014 WL 2014

04-14-00364-CV

Corrected Order

In the Matter of the Marriage of A.L.F.L. and K.L.L., and in the Interest of K.A.F.L., a Child

Texas state appellate court

Aug. 13, 2014

Aug. 13, 2014

Order/Opinion

2014 WL 2014

04-14-00364-CV

Order

In The Marriage of A.L.F.L. v. K.F.L. And In the Interest of K.A.F.L., a Child.

Texas state appellate court

Dec. 18, 2014

Dec. 18, 2014

Order/Opinion

04-14-00364-CV

Order

In The Matter of A.L.F.L. v. K.L.L. (And in the Interest of K.A.F.L., a Child)

Texas state appellate court

Jan. 25, 2015

Jan. 25, 2015

Order/Opinion

511 S.W.3d 511

04-14-00364-CV

Memorandum Opinion

In the Matter of the Marriage of A.L.F.L. and K.L.L., and in the Interest of K.A.F.L., a Child

Texas state appellate court

July 29, 2015

July 29, 2015

Order/Opinion

2015 WL 2015

Docket

Last updated Feb. 8, 2024, 7:32 p.m.

ECF Number Description Date Link Date / Link

SERVICE ASSIGNED TO CLERK 1

Feb. 18, 2014

Feb. 18, 2014

REQUEST FOR CIT/PTS W/HRG PPS

Feb. 18, 2014

Feb. 18, 2014

CIVIL CASE INFORMATION SHEET

Feb. 18, 2014

Feb. 18, 2014

PETITION FOR DIVORCE OR IN THE ALTERNATIVE SUIT AFFECTING PARENT-CHILD RELATIONSHIP AND SUIT TO PARTITION

Feb. 18, 2014

Feb. 18, 2014

New Cases Filed (OCA)

Feb. 18, 2014

Feb. 18, 2014

PRECEPT WITH HEARING P/U BY SEE FILE COPY FOR SIGNATURE 3/4/14

March 4, 2014

March 4, 2014

CITATION P/U BY SEE FILE COPY FOR SIGNATURE 3/4/14

March 4, 2014

March 4, 2014

Service: Precept with Hearing

March 4, 2014

March 4, 2014

Service: Citation

March 4, 2014

March 4, 2014

PRECEPT WITH HEARING DISPOSED 4-17-14 REG; DISPOSAL 4-7-14

March 5, 2014

March 5, 2014

CITATION DISPOSED 4-17-14 ; DISPOSAL 4-7-14

March 5, 2014

March 5, 2014

Service: Precept with Hearing

March 5, 2014

March 5, 2014

Service: Citation

March 5, 2014

March 5, 2014

Hearing: Non-Jury SETTING ON TEMP ORDERS *RESET 3-19-14 @ 9:00*

March 7, 2014

March 7, 2014

PLEA TO THE JURISDICTION, REQUEST FOR COURT TO DECLINE JURISDICTION, AND ORIGINAL ANSWER OF KLL

March 7, 2014

March 7, 2014

MOTION TO DISMISS DIVORCE FILING

March 12, 2014

March 12, 2014

AMENDED ANSWER OF KLL

March 12, 2014

March 12, 2014

RULE 11 AGREEMENT

March 13, 2014

March 13, 2014

Hearing: Non-Jury SETTING ON MTN TO DISMISS ALONG WITH RESP'S PLEA TO THE JURISDICTION *RESET 3/20/14 @ 8:30*

March 19, 2014

March 19, 2014

Hearing: Non-Jury RESET ON TEMP ORDERS-*RESET 03/20/14*

March 19, 2014

March 19, 2014

Hearing: Non-Jury RESET ON TEMPORARY ORDERS *DROP*

March 20, 2014

March 20, 2014

Hearing: Non-Jury RESET ON M/T DISMISS ALONG W/ RESP'S PLEA TO THE JURISDICTION

March 20, 2014

March 20, 2014

RULE 11 AGREEMENT

March 20, 2014

March 20, 2014

RULE 11 AGREEMENT

March 24, 2014

March 24, 2014

DESIGNATION OF LEAD ATTORNEY JUDITH K WEMMERT

March 25, 2014

March 25, 2014

NOTICE OF ENTRY OF APPEARANCE OF ATTORNEY OF DEANNA L WHITLEY

March 25, 2014

March 25, 2014

FIRST AMENDED PETITION FOR DIVORCE, OR IN THE ALTERNATIVE, FIRS T AMENDED SUIT AFFECTING PARENT-CHILD RE LATIONSHIP AND SUIT TO PARTITION

March 25, 2014

March 25, 2014

Hearing: Non-Jury RESET M/T DISMISS FILING & RESPONDENT'S PLEA TO JURISDICTION *RESET 3/27/14 @ 8:30*

March 26, 2014

March 26, 2014

Hearing: Non-Jury RESET ON MOTION TO DISMISS *ASSIGNED TO JUDGE NELLERMOE*

March 27, 2014

March 27, 2014

JUDGES DOCKET NOTES

March 27, 2014

March 27, 2014

HEARING/TRIAL CRT REPORTER ASSIGNED JS JUDY STEWART 45TH DISTRICT COURT

March 27, 2014

March 27, 2014

RESPONSE TO RESPONDENTS 1ST AMENDED PLEA TO THE JURISDICTION, REQUEST FOR COURT TO DECLINE JURISDICTION AND ORIGINAL ANSWER

March 27, 2014

March 27, 2014

RESPONSE TO RESPONDENTS MTN TO DISMISS DIVORCE FILINGS

March 27, 2014

March 27, 2014

MOTION TO REQUEST EXTENSION TO FILE BRIEF

April 10, 2014

April 10, 2014

BRIEF ON DISMISSAL MOTIONS

April 11, 2014

April 11, 2014

REQUEST FOR EXTENSION TO FILE BRIEF

April 11, 2014

April 11, 2014

BRIEF ON DISMISSAL MOTIONS

April 11, 2014

April 11, 2014

BRIEF IN SUPPORT OF A.L.F.L. PETITION FOR DIVORCE

April 14, 2014

April 14, 2014

ORDER DENYING VOLUME : 4205 PAGE : 3525 PLEA TO THE JURISDICTION

April 22, 2014

April 22, 2014

INTERVENTION BY AG GENERAL LITIGATION DIVISION

April 23, 2014

April 23, 2014

NOTICE TO THE ATTORNEY GENERAL OF TEXAS OF THE ORDER DENYING PLEA TO THE JURISDICTION

April 23, 2014

April 23, 2014

LETTER FROM STAFF ATTORNEY MAILED TO: MR. MURPHY (EMAILED)

April 24, 2014

April 24, 2014

PLEA PLEA TO THE JURISDICTION OF INTERVENOR T HE STATE OF TEXAS

April 25, 2014

April 25, 2014

MOTION AND ORDER SETTING PLEA TO THE JURISDICTION

April 29, 2014

April 29, 2014

MOTION TO STRIKE IMPROPER SETTING OF A L F L

April 30, 2014

April 30, 2014

LETTER FROM STAFF ATTORNEY MAILED TO: COUNSEL

May 2, 2014

May 2, 2014

Hearing: Non-Jury SETTING ON M/T STRIKE IMPROPER SETTING **DROPPED** PER JUDGES NELLERMOE & SAKAI

May 6, 2014

May 6, 2014

LETTER FROM 4TH COURT OF APPEALS

May 6, 2014

May 6, 2014

MOTION TO STRIKE

May 8, 2014

May 8, 2014

Hearing: Non-Jury SETTING ON PLEA TO THE JURISDICTION **DROPPED**

May 12, 2014

May 12, 2014

Hearing: Non-Jury SETTING HEARING FOR TEMP ORDERS

May 14, 2014

May 14, 2014

Hearing: Non-Jury INTERVENOR STATE OF TX PLEA TO THE JURISDICTION

May 14, 2014

May 14, 2014

RESPONSE OF A.L.F.L. TO PLEA TO THE JURISDICTION

May 14, 2014

May 14, 2014

ORDER ON VOLUME : 4222 PAGE : 2012 INTERVENOR'S PLEA TO THE JURISDICTION

May 16, 2014

May 16, 2014

AMENDED FIRST PLEA IN INTERVENTION

May 16, 2014

May 16, 2014

SUBPOENA DUCES TECUM TO C/R RMA OF TEXAS

May 16, 2014

May 16, 2014

DATE DUE IN 4TH CCA 06/01/2014

May 21, 2014

May 21, 2014

NOTICE OF INTERLOCUTORY APPEAL EMAIL SENT TO JUDY STEWART 45TH DISTRICT OF THE STATE OF TEXAS ATTY WILLIAM T DEANE

May 21, 2014

May 21, 2014

PLEA (RESPONDENTS 2ND) TO THE JURISDICTION, REQ FOR COURT TO DECLINE JURISDICTION AND MTN TO DISMISS DIVORCE

May 21, 2014

May 21, 2014

CONFIRMATION PAGE SENT SUCCESSFULLY TO 4TH CRT OF APPEALS(NOTICE OF APPEAL)5/21

May 22, 2014

May 22, 2014

LETTER ADVISORY LETTER

May 27, 2014

May 27, 2014

SUBPOENA TO REBECCA GONZALES

May 27, 2014

May 27, 2014

LETTER TO MICHAEL MURPHY FROM JUDITH WEMMERT

May 28, 2014

May 28, 2014

LETTER TO BENNY JASSO FROM ATTY GEN OFF

May 28, 2014

May 28, 2014

LETTER FROM 4TH COURT OF APPEALS RE: NOTICE OF APPEAL FILED

May 28, 2014

May 28, 2014

MOTION FOR DR DINA TREVINO TO APPEAR TELEPHONICALLY

May 28, 2014

May 28, 2014

Hearing: Non-Jury RESPONDENTS 2ND PLEA TO THE JURISDICTION REQ FOR COURT TO DECLINE JURISDICTION AND MTN TO DISMISS DIVORCE

May 29, 2014

May 29, 2014

Hearing: Non-Jury TEMPORARY ORDERS

May 29, 2014

May 29, 2014

LETTER -FROM ATTY GEN OFF TO JUDITH WEMMERT

May 30, 2014

May 30, 2014

LETTER FROM 4TH COURT OF APPEALS

June 5, 2014

June 5, 2014

MOTION FOR TEMPORARY ORDERS PENDING APPEAL

June 11, 2014

June 11, 2014

CONFIRMATION PAGE SENT SUCCESSFULLY TO 4TH CRT OF APPEALS

June 11, 2014

June 11, 2014

CLERKS RECORD SENT TO 4TH COURT OF APPEALS "ELECTRONICALLY" VOL V

June 11, 2014

June 11, 2014

CONFIRMATION PAGE SENT SUCCESSFULLY TO 4TH CRT OF APPEALS

June 11, 2014

June 11, 2014

CLERKS RECORD SENT TO 4TH COURT OF APPEALS "ELECTRONICALLY" VOL IV

June 11, 2014

June 11, 2014

CONFIRMATION PAGE SENT SUCCESSFULLY TO 4TH CRT OF APPEALS

June 11, 2014

June 11, 2014

CLERKS RECORD SENT TO 4TH COURT OF APPEALS "ELECTRONICALLY" VOL III

June 11, 2014

June 11, 2014

CONFIRMATION PAGE SENT SUCCESSFULLY TO 4TH CRT OF APPEAL

June 11, 2014

June 11, 2014

CLERKS RECORD SENT TO 4TH COURT OF APPEALS "ELECTRONICALLY" VOL II

June 11, 2014

June 11, 2014

CONFIRMATION PAGE SENT SUCCESSFULLY TO 4TH CRT OF APPEAL

June 11, 2014

June 11, 2014

CLERKS RECORD SENT TO 4TH COURT OF APPEALS "ELECTRONICALLY" VOL I

June 11, 2014

June 11, 2014

OPINION DISSENTING TO ORDER DENYING REQUEST TO DISMISS AS MOOT

June 12, 2014

June 12, 2014

LETTER FROM 4TH COURT OF APPEALS

June 12, 2014

June 12, 2014

Hearing: Non-Jury MTN TO SET TEMP ORDERS PENDING APPEAL

June 13, 2014

June 13, 2014

MOTION TO MODIFY, CORRECT OR REFORM JUDGMENT

June 13, 2014

June 13, 2014

LETTER FROM 4TH COURT OF APPEALS

June 13, 2014

June 13, 2014

MOTION TO STRIKE TEMPORARY ORDER SETTING

June 13, 2014

June 13, 2014

ORDER VOLUME : 4251 PAGE : 213 VACATING ORDE DENYING K.L.L'S PLEA TO THE JURISDICTION ENTERED ON 04/22/2014

June 16, 2014

June 16, 2014

FIRST AMENDED MOTION FOR TEMPORARY ORDERS PENDING APPE AL, AND MOTION FOR TEMPORARY ORDERS

June 17, 2014

June 17, 2014

LETTER FROM 4TH COURT OF APPEALS

June 17, 2014

June 17, 2014

LETTER FROM 4TH COURT OF APPEALS

June 17, 2014

June 17, 2014

Hearing: Non-Jury MTN TO STRIKE TEMPORARY ORDER SETTING

June 18, 2014

June 18, 2014

Hearing: Non-Jury FIAT RESETTING HRNG ON MTN TO SET TEMP ORDERS PENDING APPEAL

June 18, 2014

June 18, 2014

RESPONSE TO PETITIONER S MTN TO MODIFY, CORRECT, OR REFORM JUDGMENT

June 18, 2014

June 18, 2014

LETTER FROM 4TH COURT OF APPEALS

June 18, 2014

June 18, 2014

Hearing: Non-Jury MTN FOR TEMPORARY ORDERS PENDING APPEAL

June 19, 2014

June 19, 2014

ORDER ON VOLUME : 4243 PAGE : 907 RESPONDENTS MTN TO STRIKE TEMP ORDERS SETTING

June 19, 2014

June 19, 2014

LETTER FROM 4TH COURT OF APPEALS

June 19, 2014

June 19, 2014

LETTER FROM 4TH COURT OF APPEALS

June 19, 2014

June 19, 2014

Hearing: Non-Jury MTN TO MODIFY, CORRECT OR REFORM JDGMNT

June 20, 2014

June 20, 2014

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A same-sex couple who had been legally married in Washington, DC sought recognition of their marriage in Texas so they could get a divorce.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Case Details

Causes of Action:

42 U.S.C. § 1981

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Juveniles

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sexual orientation