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Case Name De Leon v. Perry PB-TX-0004
Docket / Court 5:13-cv-00982-OLG ( W.D. Tex. )
Additional Docket(s) 14-50196  [ 14-50196 ]
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 were 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 were Texas residents. One couple married in Massachusetts in 2009, and sought recognition of that marriage, which was denied because both were women. The other couple wished to be married in Texas, but were denied a license by the Bexar County Clerk because they were both men. Plaintiffs sought an immediate preliminary injunction against enforcement of Article I, § 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, prohibited 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, prohibited 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 declared 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 subsequently defined marriage as the union of one man and one woman and prevented Texas and its political subdivisions from recognizing same-sex marriages. Tex. Const. Art. 1 § 32. Not only did it prevent same-sex couples from marrying, the Texas Constitution expressly bared Texas and its political subdivisions from "creat[ing] or recogniz[ing] any legal status identical or similar to marriage."

The plaintiffs' challenged 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 violated both the equal protection and due process rights of the plaintiffs. 975 F.Supp.2d 632. 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.

Meanwhile, on June 26, 2015, the Supreme Court decided Obergefell v Hodges, a case challenging the constitutionality of a similar same-sex marriage ban in Ohio. In this case, the Supreme Court held that a state ban on same-sex marriage violated the Fourteenth Amendment. In light of this decision in Obergefell, both parties in this case agreed that the District Court properly granted the preliminary injunction. On June 26, 2015, the plaintiffs' filed an unopposed motion to lift the stay of the preliminary injunction, which was granted by the District Court (Judge Garcia) on the same day. The Fifth Circuit affirmed the preliminary injunction on June 29, 2015 and remanded the case back to District Court.

Back in District Court on July 7, 2015, Judge Garcia entered the final judgment in favor of the plaintiffs. On September 4, 2015, the plaintiffs filed a motion for $720,794.00 in attorneys' fees and $20,202.90 in costs. Judge Garcia granted this motion in part on November 30, 2015, by awarding the full amount requested in costs ($20,202.90) and only $585,470.30 in attorney's fees.

The defendant appealed this decision to the Fifth Circuit. On May 10, 2017, the Fifth Circuit affirmed the District Court's decision. The plaintiffs filed another motion for attorney's fees on May 30, 2017 to recover the cost of litigating against the defendant's appeal. On the following day, Judge Garcia of the District Court granted the motion, increasing the plaintiffs' total amount received in attorney's fees to $630,673.20.

The satisfaction of judgment was entered on November 29, 2017. This case is now closed.

Margo Schlanger - 02/26/2014
Mackenzie Walz - 03/18/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
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.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filing Year 2013
Case Closing Year 2017
Case Ongoing No
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.)
Docket(s)
5:13-cv-00982-OLG (W.D. Tex.)
PB-TX-0004-9000.pdf | Detail
Date: 11/29/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Original Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-TX-0004-0001.pdf | Detail
Date: 10/28/2013
Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' OPPOSED MOTION FOR PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM ENFORCING TEXAS' SAME-SEX MARRIAGE BAN [ECF# 28] (2013 WL 6980897)
PB-TX-0004-0002.pdf | WESTLAW | Detail
Date: 11/27/2013
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Motion for Preliminary Injunction [ECF# 73] (975 F.Supp.2d 632) (W.D. Tex.)
PB-TX-0004-0003.pdf | WESTLAW| LEXIS | Detail
Date: 02/26/2014
Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiffs' Motion To Lift The Stay Of Injunction [ECF# 91] (W.D. Tex.)
PB-TX-0004-0004.pdf | Detail
Date: 12/12/2014
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Emergency Unopposed Motion to Lift the Stay of Injunction [ECF# 96] (W.D. Tex.)
PB-TX-0004-0005.pdf | Detail
Date: 06/26/2015
Source: PACER [Public Access to Court Electronic Records]
Final Judgment [ECF# 98] (W.D. Tex.)
PB-TX-0004-0006.pdf | Detail
Date: 07/07/2015
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Attorneys' Fees and Costs [ECF# 118]
PB-TX-0004-0007.pdf | Detail
Date: 09/04/2015
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-0004-0005 | PB-TX-0004-0006 | PB-TX-0004-9000
Plaintiff's Lawyers Chasnoff, Barry A. (Texas)
PB-TX-0004-0001 | PB-TX-0004-0002 | PB-TX-0004-0007 | PB-TX-0004-9000
Cooley, Michael P. (Texas)
PB-TX-0004-0002 | PB-TX-0004-0007 | PB-TX-0004-9000
Lane, Daniel McNeel (Texas)
PB-TX-0004-0001 | PB-TX-0004-0002 | PB-TX-0004-0007 | PB-TX-0004-9000
Newman, Andrew F. (Texas)
PB-TX-0004-9000
Pepping, Matthew (Texas)
PB-TX-0004-0002 | PB-TX-0004-0007 | PB-TX-0004-9000
Stenger-Castro, Frank (Texas)
PB-TX-0004-0001 | PB-TX-0004-0002 | PB-TX-0004-0007 | PB-TX-0004-9000
Weisel, Jessica (Texas)
PB-TX-0004-0002 | PB-TX-0004-0007 | PB-TX-0004-9000
Defendant's Lawyers Bowen, Susan A (Texas)
PB-TX-0004-9000
Deane, William T. (Texas)
PB-TX-0004-9000
Keller, Scott A. (Texas)
PB-TX-0004-9000
Klusmann, Beth (Texas)
PB-TX-0004-9000
Lee, Summer R. (Texas)
PB-TX-0004-9000
Mitchell, Jonathan F. (Texas)
PB-TX-0004-9000
Murphy, Michael P. (Texas)
PB-TX-0004-9000
Rietvelt, Marc (Texas)
PB-TX-0004-9000
Other Lawyers Wilson, Robert Paul (Texas)
PB-TX-0004-9000

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