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TexasTowelie

(112,167 posts)
Thu Dec 12, 2013, 12:31 AM Dec 2013

Federal judge sets hearing for February in lawsuit challenging Texas’ bans on same-sex marriage

A federal district judge has set a hearing for February in the lawsuit challenging Texas’ bans on same-sex marriage.

Federal District Judge Orlando Garcia will hear arguments on the plaintiffs’ motion seeking a preliminary injunction that would bar the state from enforcing the bans pending a trial.

The plaintiffs — gay couple Mark Phariss and Victor Holmes of Plano, and lesbian couple Cleopatra DeLeon and Nicole Dimetman of Austin — filed the lawsuit in October alleging that the marriage bans violate the U.S. Constitution. The motion for a preliminary injunction was filed in November.

The hearing will be at 9:30 a.m. on Feb. 12 at the John H. Wood, Jr. United States Courthouse in San Antonio. Even if Garcia, a Bill Clinton appointee, grants the motion, the decision could be immediately appealed to the 5th Circuit U.S. Court of Appeals.

Defendants in the lawsuit include Gov. Rick Perry, Attorney General Greg Abbott, Bexar County Clerk Gerard Rickhoff and David Lackey, commissioner of the Texas Department of State Health Service.

More at http://www.lonestarq.com/judge-sets-hearing-february-lawsuit-challenging-texas-bans-sex-marriage/ .

Cross-posted in Texas Group.

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Federal judge sets hearing for February in lawsuit challenging Texas’ bans on same-sex marriage (Original Post) TexasTowelie Dec 2013 OP
Unheard of even a year ago. Fearless Dec 2013 #1
Don't hold your breath on Florida Not Me Dec 2013 #2

Fearless

(18,421 posts)
1. Unheard of even a year ago.
Thu Dec 12, 2013, 04:34 AM
Dec 2013

This will be very interesting.

How does California, New York, and Texas sound as marriage equality states? Sounds pretty good to me. 83 million citizens in those three states alone. Florida next?


Not Me

(3,398 posts)
2. Don't hold your breath on Florida
Thu Dec 12, 2013, 02:35 PM
Dec 2013

We have a strong constitutional amendment that was enacted in 2008. And a teaparty state legislature.

The law here requires a 60% vote to repeal the amendment and then there is the matter of getting the rightwing legislature to change the laws to allow SSM.

We are looking at judicial remedies in other Federal Districts which may extend nationally or provide solid precedence for our Fed Court system (which includes Alabama and Georgia...not exactly progressive.)

I have a number of friends who have left the state and others, myself included who intend to.

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