Vic Holmes, Mark Pharris, Cleopatra DeLeon and Nicole
Dimetman at the Federal Courthouse in San Antonio. (Photos courtesy Randy
No decision in Texas same-sex marriage
QSanAntonio, February 11, 2014
Saying that he had listened to both sides of the argument, San Antonio
Federal District Judge Orlando Garcia told a crowded courtroom today that
he will soon make a decision in the case of two couples who are seeking
a preliminary injunction to bar Texas from enforcing its same sex marriage
Mark Phariss and his partner Vic Holmes of Plano, along with Cleopatra
DeLeon and Nicole Dimetman from Austin, filed their original federal lawsuit
on October 28 in San Antonio challenging the state's marriage ban.
The defendants named in the case are Governor Rick Perry, Attorney General
Greg Abbot, Bexar County Clerk Gerard Rickhoff and Commissioner of State
Health Services David Lakey.
The injunction, dated November 22 and submitted by the the law firm of
Akin Gump Strauss Hauer & Feld, LLP, states:
"Plaintiffs respectfully request that the Court issue an order preliminarily
enjoining Defendants from enforcing any constitutional or statutory provisions,
including article I, section 32 of the Texas Constitution and Texas Family
Code §§ 2.001 and 6.204, that prevent Plaintiffs Phariss and
Holmes from marrying on the basis that they are of the same sex, or prevents
the State from recognizing Plaintiffs’ De Leon and Dimetman’s
marriage on the basis that they are of the same sex. Plaintiffs further
request that the Court enter a preliminary injunction commanding Defendant
Rickhoff to issue a marriage license to Plaintiffs Phariss and Holmes."
Attorneys for the two couples speak
to the press after the hearing.
At the hearing held today, attorneys for the plaintiffs said that there
are "hundreds of thousands" of people affected by the state
Attorney Neel Lane, who represents the two couples, said that by not having
their unions recognized by the state, same sex couples lose such rights
as community property, intestate survivorship, parental rights, health
care decisions, and spousal and child support after divorce.
“We're not seeking to rewrite any Texas law. We're seeking to enforce
the Constitution that protects everyone," said Lane.
To get the preliminary injunction the two couples must convince the judge
that they have a good chance of winning their case when it is litigated
and that by keeping the ban in place their relationships are being harmed.
Assistant Texas Solicitor General Michael Murphy urged the judge to deny
the injunction saying, "The right to marry has never included the
right to same-sex marriage. Plaintiffs' constitutional claims are not
likely to succeed on the merits, as they are foreclosed by direct, binding
Supreme Court precedent and by application of equal-protection and due-process
“As we all know, no matter how I decide this, this matter is going
to be appealed in time,” Judge Garcia said. He offered no time frame
as to when his decision would be made public.
file injunction against state's same-sex marriage ban
QSanAntonio.com, November 23, 2013
Two Texas couples, one gay the other lesbian, who last month filed a suit
challenging the state's ban on same sex marriage, filed an injunction
yesterday asking the Federal Court for the Western District of Texas to
stop the state from enforcing it's same-sex marriage ban while their case
await San Antonio judge’s decision in same-sex marriage lawsuit
San Antonio Current, February 12, 2014
The start of a battle to win marriage equality in Texas began this morning
in San Antonio federal court waged by two gay couples with strong ties
to San Antonio.
freedom for everyone
By Julian Castro and Evan Wolfson, MySA.com, February 11, 2014
Two Texas couples rightly argue that all Texans should have the freedom
to marry the person they love.
federal judge to hear couple's challenge to Texas gay marriage ban
KENS5.com, February 13, 2012
The night before the hearing, KENS 5's Karen Grace sat down with a San
Antonio same-sex couple who are suing the state to strike down the gay
court, Texas says it bans gay marriage to "promote responsible procreation"
Dallas Observer, February 13, 2013
And why does Texas have such a compelling interest in defining marriage
as between a man and a woman? Because children. "The purpose of Texas
marriage law is not to discriminate against same-sex couples but to promote
responsible procreation," said Assistant Texas Solicitor General
judge hears request to block Texas ban on same-sex marriage
Dallas Morning News, February 13, 2014
Two same-sex couples, including one from Plano, asked a federal judge
Wednesday to stay Texas’ constitutional ban on gay marriage so one
can wed and the other can have their out-of-state marriage recognized.
judge issues no decision in hearing on Texas marriage ban
By Sam Sanchez, Dallas Voice, February 13, 2014
Saying he had listened to both sides of the argument, San Antonio Federal
District Judge Orlando Garcia told a crowded courtroom on Wednesday he
will soon make a decision in the case of two couples who are seeking a
preliminary injunction to bar Texas from enforcing its same-sex marriage
will rule later on Texas same-sex marriage ban
Express-News.com, February 12, 2014
Despite last summer's Supreme Court rulings that affirmed gay marriage
in California and toppled key aspects of the Defense of Marriage Act,
states still have the right to define marriage, lawyers for Texas argued
Wednesday during a legal showdown in a packed San Antonio courtroom.
activist is plaintiff in suit against state's equal marriage ban
QSanAntonio, October 31, 2013
San Antonio LGBT leaders were pleasantly encouraged when they heard that
two Texas couples, one gay the other lesbian, filed a suit challenging
the state's ban on same sex marriage. However, many were not surprised
that Mark Phariss was one of the plaintiffs.
couple seeks equal treatment with suit against Texas marriage ban
QSanAntonio, November 1, 2013
If you ask Cleopatra DeLeon and Nicole Dimetman why they decided to file
a federal suit challenging Texas' equal marriage ban, the answer for them
is simple: "It's important for our family to be treated equally under