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 same-sex couple who was denied a marriage license 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 sought a declaration that any Texas statutes and state constitutional ... read more >
On July 29, 2014, a same-sex couple who was denied a marriage license 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 sought a declaration that any Texas statutes and state constitutional amendments that prohibited same-sex marriage were unconstitutional. They also sought preliminary and permanent injunctions to prevent the defendants from enforcing the same-sex marriage ban.

The plaintiffs claimed that 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, was decided. On September 10, 2014, the Court granted the defendants' motion to stay the case and dismissed all pending motions without prejudice to refiling after the Fifth Circuit opinion was released.

Following the Supreme Court's decision in Obergefell v. Hodges, 135 S.Ct. 2584 (2015), (PB-OH-0003 in this Clearinghouse), which held that the 14th Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states, and the Fifth Circuit's decision in De Leon v. Abbott, 791 F.3d 619 (5th Cir. 2015), (PB-TX-0004 in this Clearinghouse), which applied Obergefell to Texas, the parties agreed to a voluntary dismissal and the Court dismissed the case on August 21, 2015.

The case is now closed.

Megan Dolan - 07/31/2014
Eva Richardson - 01/11/2019


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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 42 U.S.C. ยง 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
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.
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filing Year 2013
Case Closing Year 2015
Case Ongoing No
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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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:13−cv−00631 (W.D. Tex.)
PB-TX-0008-9000.pdf | Detail
Date: 08/21/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-TX-0008-0001.pdf | Detail
Date: 07/29/2013
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 10]
PB-TX-0008-0002.pdf | Detail
Date: 10/09/2013
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Sparks, Sam (W.D. Tex.) show/hide docs
PB-TX-0008-9000
Plaintiff's Lawyers McNosky, Christopher (Texas) show/hide docs
PB-TX-0008-0001 | PB-TX-0008-0002 | PB-TX-0008-9000
Stricker, Sven (Texas) show/hide docs
PB-TX-0008-0001 | PB-TX-0008-0002 | PB-TX-0008-9000
Defendant's Lawyers Chasnoff, Barry A. (Texas) show/hide docs
PB-TX-0008-9000
Deane, William T. (Texas) show/hide docs
PB-TX-0008-9000
Friemel, Russell A. (Texas) show/hide docs
PB-TX-0008-9000
Lane, Daniel McNeel (Texas) show/hide docs
PB-TX-0008-9000
Murphy, Michael P. (Texas) show/hide docs
PB-TX-0008-9000
Stenger-Castro, Frank (Texas) show/hide docs
PB-TX-0008-9000

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