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Two same-sex couples file federal challenge to Texas gay marriage ban

Tuesday, October 29, 2013

SAN ANTONIO, Texas — Two same-sex couples on Monday filed a lawsuit in federal court, challenging Texas’ constitutional ban on same-sex marriage.

Texas-flagThe suit, filed U.S. District Court in San Antonio by attorney Barry Chasnoff on behalf of Mark Pharris and Vic Holmes and Cleopatra De Leon and Nicole Dimetman, seeks a court order barring Texas officials from enforcing the ban, reported the San Antonio Express-News.

“In Texas, plaintiffs cannot legally marry their partner before family, friends, and society — a right enjoyed by citizens who wish to marry a person of the opposite sex. And should they become married in a state that has established marriage equality, Texas explicitly voids their marriage,” according to the complaint.

“There is no rational basis, much less a compelling government purpose, for Texas to deny plaintiffs the same right to marry enjoyed by the majority of society,” the suit alleges.

Pharris and Holmes are from Plano, Texas, a Dallas suburb, and De Leon and Dimetman are from San Antonio.

The lawsuit claims provisions of the Texas constitution and other state laws barring same-sex marriage violate protections of the U.S. constitution, such as the right to equal protection under the law.

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79 more reader comments:

  1. Good luck folks…..Rick Perrymust be fuming!

    Posted on Tuesday, October 29, 2013 at 4:25pm
  2. Way to go cause we gays need to keep focused and fighting!

    Posted on Tuesday, October 29, 2013 at 4:26pm
  3. Stupid state in some ways

    Posted on Tuesday, October 29, 2013 at 4:27pm
  4. About time…If we need to sue each state, then so be it! :>)

    Posted on Tuesday, October 29, 2013 at 4:27pm
  5. Hope it passes

    Posted on Tuesday, October 29, 2013 at 4:28pm
  6. Go for it,,,,,wish you the best.

    Posted on Tuesday, October 29, 2013 at 4:29pm
  7. Another one will bite the dust!!

    Posted on Tuesday, October 29, 2013 at 4:32pm
  8. i want them to pass so we can marry in texas, finally.

    Posted on Tuesday, October 29, 2013 at 4:34pm
  9. Woo hooo, about time!!

    Posted on Tuesday, October 29, 2013 at 4:37pm
  10. FINALLY!!!!

    Posted on Tuesday, October 29, 2013 at 4:37pm
  11. Gotta start somewhere!

    Posted on Tuesday, October 29, 2013 at 4:44pm
  12. Get it together Texas!

    Posted on Tuesday, October 29, 2013 at 4:45pm
  13. i truly hope i’m still alive to see Texas pass this law…

    Posted on Tuesday, October 29, 2013 at 4:46pm
  14. Texas really just needs to fuck off.

    Homophobic , women hating , bible-thumping annoyances.

    Posted on Tuesday, October 29, 2013 at 4:46pm
  15. A brave undertaking. Let’s see if the underbelly of Texas society comes out in opposition.

    Posted on Tuesday, October 29, 2013 at 4:50pm
  16. I just moved to Austin…in some ways Texas is the best place..in other ways it is the worst!! In the end civil rights will prevail!!

    Posted on Tuesday, October 29, 2013 at 4:50pm
  17. Samantha… That’s just the leaders… Most people here aren’t like that.

    Posted on Tuesday, October 29, 2013 at 4:50pm
  18. We support you!

    Posted on Tuesday, October 29, 2013 at 4:51pm
  19. Common Texas!!!! Let’s get into the 21st century!

    Posted on Tuesday, October 29, 2013 at 4:53pm
  20. Pass…Pass…Pass…..We have 2 children and they want to be a, “Family.” They said we are, but be a, “real” family if their Mommy’s got married!!! I agree!

    Posted on Tuesday, October 29, 2013 at 5:08pm
  21. ABOUT TIME!!!! WE WANT EQUAL RIGHT TOO!!!!

    Posted on Tuesday, October 29, 2013 at 5:10pm
  22. Beat Ricky where it counts. Go get’em

    Posted on Tuesday, October 29, 2013 at 5:13pm
  23. I wish them well, Texas is so behind in everything since Rick Perry and his cronies have run the state.

    Posted on Tuesday, October 29, 2013 at 5:13pm
  24. Good luck! You’ll be needing it.

    Posted on Tuesday, October 29, 2013 at 5:17pm
  25. Now tell me Texas is going to get equality before ILLINOIS…ugh.

    Posted on Tuesday, October 29, 2013 at 5:17pm
  26. I’m sure Rick Perry is fuming.he’s an idiot.and I live in Texas

    Posted on Tuesday, October 29, 2013 at 5:23pm
  27. I feel sorry for my birth state… it’s so lost in it’s own ignorance. Texans use to be so caring before the dark times…. before the dark side. That is Rick Perry… the true emperor.

    Posted on Tuesday, October 29, 2013 at 5:23pm
  28. Not everyone in Texas is a homophobe! We just need more good people to stand up and take back our beautiful state! #EqualityForAll

    Posted on Tuesday, October 29, 2013 at 5:28pm
  29. Good Luck, But Sadly Don’t Expect Much From The Bible Thumper Capital!!!

    Posted on Tuesday, October 29, 2013 at 5:32pm
  30. These are our champions, and the names of Mark Pharris and Vic Holmes with Cleopatra De Leon and Nicole Dimetman should be remembered for their courageous stand. This will not be easy, and should it prevail, their attorney, Barry Chasnoff should also be commended on a job VERY well done.

    Posted on Tuesday, October 29, 2013 at 5:33pm
  31. Good. I want my state back, damn it. Flucking Republicans have ruined everything.

    Posted on Tuesday, October 29, 2013 at 5:39pm
  32. it’s time somebody messed with texas!

    Posted on Tuesday, October 29, 2013 at 5:40pm
  33. And The Beat Goes On….

    Posted on Tuesday, October 29, 2013 at 5:55pm
  34. It’s going to be a hard time & we must be ready to endure a long fight especially from the Baptist church & the Catholic church as well.

    Posted on Tuesday, October 29, 2013 at 6:10pm
  35. we always have put a good fight! Texas will be next I hope :)

    Posted on Tuesday, October 29, 2013 at 6:28pm
  36. Good luck! I want to finally see my state have equality

    Posted on Tuesday, October 29, 2013 at 6:32pm
  37. Tx and FL are important states lawsuits need to be in both of these states cause of the amount of population…

    Posted on Tuesday, October 29, 2013 at 6:46pm
  38. Go Texas!

    Posted on Tuesday, October 29, 2013 at 6:55pm
  39. YES! Let’s go, Texas!

    Posted on Tuesday, October 29, 2013 at 6:57pm
  40. Time for Texas to have freedom & equality for all!

    Posted on Tuesday, October 29, 2013 at 7:03pm
  41. Amen

    Posted on Tuesday, October 29, 2013 at 7:22pm
  42. Sooooooooon

    Posted on Tuesday, October 29, 2013 at 7:34pm
  43. the state who gave us the dumbest president ever. I hope they win.

    Posted on Tuesday, October 29, 2013 at 8:06pm
  44. This is going to be a show down!

    Posted on Tuesday, October 29, 2013 at 8:53pm
  45. i will pray it will go through like here in california

    Posted on Tuesday, October 29, 2013 at 8:58pm
  46. This is admirable, but the current political climate here in Texas isn’t exactly conducive to marriage equality. Republicans have a stranglehold on my state and they will fight this to the bitter end. It will take the US Supreme Court issuing a ruling in our favor for marriage equality to become a reality here. And that isn’t likely to happen anytime soon. If a liberal, “gay friendly” president says marriage equality is a matter for each state to decide, there isn’t a snowballs chance in hell the court will issue a nationwide mandate anytime soon.

    Posted on Tuesday, October 29, 2013 at 9:22pm
  47. Go for it. Hopefully the judiciary respects the law more than Texan GOPers do.

    Posted on Tuesday, October 29, 2013 at 9:47pm
  48. Being a lesbian in Texas, this makes me very very happy. I’m not saying this is gonna be the case that changes our laws here, but every step towards change is a step in the right direction. It has to start somewhere.

    Posted on Tuesday, October 29, 2013 at 10:59pm
  49. Hope the homophobes of Texas see the error of their ways!

    Posted on Tuesday, October 29, 2013 at 11:04pm
  50. I agree with Karen, this may not be he case that changes the laws in Texas but maybe it will be a step forward. We need to do anything we can legally to get marriage equality. I would love to see Rick Perry’s face the day Texas is required by a federal mandate to have same sex marriage. Texas sucks but it’s where my husband (only in 14 other states and Washington, D.C) currently live. I’m happy to fight for change and hope the backwards homophobic bible thumpers some day choke on the hate they spew.

    Posted on Tuesday, October 29, 2013 at 11:07pm
  51. Good for them….many other states and other discriminating laws need to be brought to court by citizens!

    Posted on Tuesday, October 29, 2013 at 11:14pm
  52. gays in tx..stand up now..it’s our state too

    Posted on Wednesday, October 30, 2013 at 12:06am
  53. Go get it done!!!!

    Posted on Wednesday, October 30, 2013 at 1:47am
  54. Great!

    Posted on Wednesday, October 30, 2013 at 1:59am
  55. Don’t call us homophobes we people with feels and respect . We gay or lesbian or bi get it right and if u don’t like fuck u . Cause we are happy

    Posted on Wednesday, October 30, 2013 at 3:46am
  56. And I hope it pass in Texas cause no one mess with Texas

    Posted on Wednesday, October 30, 2013 at 3:48am
  57. Good Luck to them. Equality is long overdue, not just in Texas, but in every State where that ban is still in place.

    Posted on Wednesday, October 30, 2013 at 3:53am
  58. do it.

    Posted on Wednesday, October 30, 2013 at 4:14am
  59. May the government have mercy on their souls, these are people braver than myself.

    Posted on Wednesday, October 30, 2013 at 4:14am
  60. TEXAS!! Grow the fuck up.
    Good God.

    Posted on Wednesday, October 30, 2013 at 4:16am
  61. Justin Bear Bieber I’ve seen you on 3 different threads on 3 different posts in the last hour spewing racism. No one cares dude. You’re clearly a pathetic loser that is in dyer need of mental help. Go play in traffic.

    Posted on Wednesday, October 30, 2013 at 4:17am
  62. Come on my home state! Let’s be the next Lawrence v. Texas in favor of marriage equality!

    Posted on Wednesday, October 30, 2013 at 4:18am
  63. Try being an openly gay male legally married in California living in The Texas panhandle and running for the Texas House of Representatives. We have thought about filing a challenge as well.

    Posted on Wednesday, October 30, 2013 at 4:19am
  64. Marriage equality coming to a state near you.

    Posted on Wednesday, October 30, 2013 at 4:21am
  65. I live in Texas and this would be awesome.

    Posted on Wednesday, October 30, 2013 at 4:22am
  66. I hope more step up and turn up the heat, I would if I was able to. As it is I’ve gotten in Perry’s face about gay rights and abortion, and it was probably a good thing cameras weren’t around.

    Get his ass out of office, then turn the heat up on his replacement

    Posted on Wednesday, October 30, 2013 at 4:23am
  67. I’m a proud Texan and proud lgbt supporter so please let’s make some changes and be equal in all rights everywhere.

    Posted on Wednesday, October 30, 2013 at 4:28am
  68. I’m gay and I am raised in Texas. I’m a freshman this year and my high school is about to get a Gay-Straight Alliance pretty soon cause’ I’m finally standing up for marriage equality. And I got my PRIDE ON!

    Posted on Wednesday, October 30, 2013 at 4:29am
  69. And so it starts! Can’t wait to see how this turns out! I have always hoped and prayed for the day that my partner and I can legally get married here! I’m glad someone stepped up. If we didn’t have a child and such a busy life we would have done the same! Best of luck!

    Posted on Wednesday, October 30, 2013 at 4:34am
  70. To all my LGBTQ Nation friends, I found a way to make money online from home so I thought I would share it with you. You don’t have to keep inventory or ship anything or make phone calls. If you are interested in learning more about it, PLEASE ADD ME AS A FRIEND ON FACEBOOK AND send me a message requesting more information.

    Posted on Wednesday, October 30, 2013 at 4:35am
  71. this is NOT a place to spam your bullshit pyramid schemes.

    Replied on Wednesday, October 30, 2013 at 4:43am
  72. Reported to Facebook as Spam or Scam.

    Replied on Wednesday, October 30, 2013 at 4:51am
  73. YES!!

    Posted on Wednesday, October 30, 2013 at 5:28am
  74. TEXAS TEXAS STUBBORN STATE ..

    Posted on Wednesday, October 30, 2013 at 6:17am
  75. ORGANIZE, SUPPORT THE CAUSE, it will never happen without each of us being involved!!
    Support the couples who are stepping up in any way you can, IT WILL MAKE A DIFFERENCE, & THE DIFFERENCE IS YOU!!!
    It’s our Cause we must roll up our own sleeves, in order for it to HAPPEN!!
    GOD BLESS & GOD SPEED TO US ALL!! :-D
    Oh what the heck,
    “YEE-HAAAA”!!!
    :-D

    Posted on Wednesday, October 30, 2013 at 7:50am
  76. Here’s hoping for the best!

    Posted on Wednesday, October 30, 2013 at 8:32am
  77. <---- Sister of a Gay Texas Man.. He deserves the same happiness we alllll enjoy.. The ability to live a healthy strong life.. AND, INSURANCE WE ARE REQUIRED TO OBTAIN..... HE COULD N WOULD HAVE IF HE Could be counted as MARRIED... OTHERWISE... He will be penalized.., guess this is the New America... the one that JUDGES... How sad....

    Posted on Wednesday, October 30, 2013 at 9:00am
  78. way to go

    Posted on Wednesday, October 30, 2013 at 9:47am
  79. I am very curious to see how this pans out. Will be a tough fight m

    Posted on Wednesday, October 30, 2013 at 11:06am