Texas Marriage Equality Cases Stalled?

Written by scott on May 30th, 2014

Texas mapThree federal cases are moving slowly through the system. The first is awaiting a Fifth Circuit hearing.

The Dallas Voice reports:

In February, a federal San Antonio judge ruled the state’s amendment unconstitutional but stayed his decision after a hearing for a temporary injunction to allow one of the couples in the case to marry. The state appealed the ruling to the 5th Circuit Court of Appeals. That court declined a petition to expedite the hearing last week, meaning it could take months before the case moves forward.

The other two federal cases may be held up until the first one is decoded, and have their own issues:

The other two Texas federal marriage cases are based in Austin. The state requested those be postponed pending the appeals court ruling in the other case. The Austin judge has yet to rule on the request. Those cases are further complicated because the plaintiffs in one of the cases, Chris McNosky and Sven Stricker, who are representing themselves, came out as straight in a recent interview with Dallas Voice.

There are also three divorce cases working through the system:

Meanwhile in state courts, same-sex divorce cases are moving forward. A San Antonio lesbian couple filed for divorce in March. The state tried to intervene, but a federal judge ruled that he cannot interfere. The couple has a child and wants the custody issue determined during court proceedings. Then in mid-May, a Tarrant County lesbian couple followed suit and filed to dissolve their union. Two same-sex divorce cases are currently being considered at the Texas Supreme Court. Hearings took place in November with a ruling expected in early summer before the court recess. But Jody Scheske, the couples’ attorney, said Texas doesn’t have a deadline for justices to issue a ruling. A controversial case they ruled on a few years ago took about four years before a decision was issued.

No word on if, or when any of these Texas marriage equality cases will be resolved.

Find more articles and gay wedding resources in Texas.


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