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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
TEXAS
SAN ANTONIO DIVISION CLEOPATRA DE LEON, NICOLE DIMETMAN, VICTOR
HOLMES, and MARK PHARISS
Plaintiffs, v. CIVIL ACTION NO. 5:13-cv-982-OLG GREG ABBOTT, in
his official capacity as Governor of the State of Texas, KEN
PAXTON, in his official capacity as Texas Attorney General, GERARD
RICKHOFF, in his official capacity as Bexar County Clerk, and KIRK
COLE, in his official capacity as interim Commissioner of the Texas
Department of State Health Services
Defendants.
JOHN ALLEN STONE-HOSKINS EMERGENCY MOTION TO INTERVENE AND FOR
CONTEMPT
Intervenor John Allen Stone-Hoskins (John) files this Motion to
Intervene and for
Contempt (the Contempt Motion) and shows the Court the following
in support:
Preliminary Statement Intervenor John Allen Stone-Hoskins
invokes this Courts jurisdiction to enforce the
permanent injunction it entered less than a month ago
specifically barring Ken Paxton, Texas
Attorney General, and Kirk Cole, Interim Commissioner of the
Texas Department of State Health
Services, from enforcing Texas laws restricting recognition to
same-sex marriages. This Court
held that those laws violate the Fourteenth Amendment of the
United States Constitution, and the
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Fifth Circuit affirmed this Courts decision after the Supreme
Court issued its decision in
Obergefell v. Hodges, 135 S. Ct. 2584 (2015). [Docket No. 98,
the Order]. Cole has failed and
refused to comply with the permanent injunction by refusing
Johns request that the State amend
the death certificate of his late husband James to reflect that
John is his surviving spouse. By
denying John relief that is routinely afforded surviving spouses
of opposite-sex marriages, both
Paxton and Cole are in contempt of this Courts permanent
injunction.
The need for relief is urgent. John is terminally ill. Doctors
estimate he has no more than
45 to 60 days to live. Before he received this grim prognosis,
John was married to James Stone-
Hoskins. James died intestate in January 2015. At the time of
his death, Defendants refused to
list John as his surviving spouse on James death certificate
because, although John and James
had been lawfully married in New Mexico, they were both men.
John filed all of the necessary
paperwork to amend James death certificate to list John as his
spouse after this Court lifted the
stay of its preliminary injunction, and has repeatedly asked the
State to amend the certificate on
numerous occasions since. The relief John seeks has been
routinely and promptly afforded
surviving spouses of opposite-sex marriages.
In response to Johns request, the Department initially advised
him to wait until they
could determine what, if any, changes are needed to the death
registration and/or amendment
process. On Monday, the Department advised that it would refuse
to amend absent a court order
compelling it to do soeven though such an order has already been
entered by this Court! John
urges the Court to act before he dies, so that he can make his
final arrangements and enjoy the
dignity of being listed on his late husbands death certificate.
No less is required under the
United States Constitution and this Courts order of permanent
injunction.
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To remedy Paxton and Coles continued failure to comply with the
Courts injunction,
John Stone-Haskins requests that the Court permit him to
intervene in this action, hold
Defendants in contempt, and instruct Defendants immediately to
issue a revised death certificate
for his deceased spouse, James Stone-Haskins.
FACTUAL BACKGROUND
John and James were loving partners for more than 10 years. See
Declaration of John
Allen Stone-Hoskins in Support of his Emergency Motion to
Intervene and for Contempt,
attached hereto as Exhibit A (the Declaration) 2. Residents of
Conroe, Texas, they legally
married in New Mexico in August of 2014. Id. 1-2. Shortly
thereafter, in January 2015, James
died. Id. 3. When James died, the State of Texas issued a death
certificate listing James as
single. On the death certificate, the State of Texas did not
recognize John as Jamess husband,
but rather as his significant other. Id. 4. James did not have a
will when he died. Id. 5.
One day after the Supreme Courts Obergefell decision, on June
27, 2015, John began
requesting that the State of Texas correct Jamess death
certificate to recognize that the two were
legally married and to recognize him as Jamess spouse. Id. 6.
John filled out all necessary
paperwork required by the State of Texas to correct a death
certificate error (Form VS-172) and
filed the paperwork with the Texas Department of State Health
Services (the DSHS) pursuant
to section 181.30 of the Texas Administrative Code. Id. 6.
Although John has made numerous attempts to have Jamess death
certificate corrected to
reflect John as Jamess surviving spouse, Defendants refuse to
make this correctionthus
refusing to recognize John and Jamess marriage. See id. 6, 7.
Instead, the DSHS replied to
John with the following statement (the DSHS provides a similar
response to any and all inquiries
about correcting Texas-issued death certificates that fail to
recognize a lawfully married same-
sex spouse):
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The Department of State Health Services (DSHS) Vital Statistics
Unit and DSHS Office of General Counsel, in consultation with the
Office of the Attorney General, is reviewing the courts ruling to
determine what, if any, changes are needed to the death
registration and/or amendment process. Until the ruling is fully
reviewed, we will not be able to know the impact if any, of the
process to file or amend death certificates. We will keep your
documentation in a pending file and will advise you once a
determination is made.
Id. 6. The DSHS has since informed John that it will not amend
James death certificate absent
a court order.
John has been diagnosed with terminal cancer and his doctors
estimate that he has, at
most, 45-60 days to live. Id. 9. In contemplation of his
impending death, John wishes to plan
for the passing of his estate upon his death. Id. 10. He also
wishes to have the enjoy of having
his marriage to James recognized on James death certificate. Id.
11. John cannot do this,
however, because Defendants refuse to recognize John and Jamess
lawful out-of-state marriage
and refuse to correct Jamess death certificate. Thus, Defendants
continue to prevent John from
gaining title to Jamess estate as his surviving spouse, and
continue to deprive him the dignity
guaranteed by the Fourteenth Amendment. Id. 8, 10, 11.
I. MOTION TO INTERVENE
Federal Rule of Civil Procedure 24(b)(1)(B) permits a party to
permissively intervene
where a third party has a claim or defense that shares with the
main action a common question
of law or fact. Fed. R. Civ. P. 24(b)(1)(B). Whether to allow a
permissive intervention is within
a courts discretion, United States v. Texas, 457 F.3d 472, 476
(5th Cir. 2006), and [i]n
exercising its discretion, the court must consider whether the
intervention will unduly delay or
prejudice the adjudication of the original parties rights. Fed.
R. Civ. P. 24(b)(3).
Plaintiffs in this suit sued the State of Texas for violation of
their Fourteenth Amendment
Due Process and Equal Protection Rights because the Texas
Constitution and Texas statutes
denied them of the opportunity to marry and deprived them of the
recognition of their out-of-
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state marriages. Likewise, John, as an intervenor, is seeking to
intervene in this case because he
is being deprived of his Due Process and Equal Protection rights
because the State of Texas fails
to recognize his valid marriage to James. Accordingly, John
shares a common question of law
with the Plaintiffs in this case. See Fed. R. Civ. P.
24(b)(1)(B). Similarly, like Plaintiffs, this
Court has jurisdiction over Johns claim because his claim raises
questions under the
Constitution of the United States.
Johns intervention will not unduly delay or prejudice the
adjudication of the original
parties rights because this case is closed and final judgment
rendered. Phillips v. Goodyear Tire
& Rubber Co., No. 02-1642B, 2007 WL 3245015, at *2 (S.D.
Cal. 2007) (As Magistrate Judge
Stormes correctly noted, the [] case is closed so delay is not
an issue.).
The Fifth Circuits opinion in United States v. Texas is
particularly instructive. There the
Fifth Circuit allowed a party to intervene in a long-since
administratively closed case to enforce
a district courts desegregation order:
[Intervenor defendant] also challenges the district courts
reopening of an administratively closed case and its allowance of
[Intervenors] motion to intervene to enforce [the desegregation
order]. Because a district court may reopen an administratively
closed case sua sponte . . . we find no abuse of discretion in the
district courts timing and decision to reopen the case. Likewise,
the court did not abuse its discretion in permitting [Intervenor]
to intervene, as Hearne challenged [Defendants] action under [the
desegregation order], which is a still-effective decree.
Texas, 457 F.3d at 476.
Accordingly, this Court should allow John to permissively
intervene in this case to
enforce this Courts Order pursuant to the Fourteenth Amendment
of the United States
Constitution and the Supreme Courts Obergefell decision.
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II. MOTION FOR CONTEMPT
On June 26, 2015, as a result of the Supreme Courts Obergefell
decision, this Court
lifted the stay on the preliminary injunction it previously
granted Plaintiffs, which enjoined
Defendants from enforcing any of Texas laws banning same-sex
marriages or refusing to
recognize lawful, out-of-state same sex marriages. [Docket Nos.
73, 96.] Thereafter, the Court
entered the Order permanently enjoining Defendants:
Any Texas law denying same-sex couples the right to marry,
including Article I, 32 of the Texas Constitution, any related
provisions in the Texas Family Code, and any other laws or
regulations prohibiting a person from marrying another person of
the same sex or recognizing same-sex marriage, violate the Due
Process and Equal Protection Clauses of the Fourteenth Amendment to
the United States Constitution and 42 U.S.C. 1983 . . . .
Defendants are permanently enjoined from enforcing Texass laws
prohibiting same-sex marriage . . . .
[Docket No. 98 (emphasis added)].
Despite this Courts Order, Defendants continue to refuse to
recognize same-sex
marriages. Specifically, the DSHS continues to refuse to correct
Jamess death certificate to
recognize James and Johns lawful same-sex marriage. This
directly violates this Courts Order
enjoining Defendants from enforcing Texass laws prohibiting
same-sex marriage and
commanding it to recognize same-sex marriages performed in other
states, a constitutional right
expressly granted to John and all same-sex married couples under
the Fourteenth Amendment of
the United States Constitution and the Supreme Courts Obergefell
decision.
Furthermore, while the Defendants have stated that they are
reviewing the Obergefell
decision to determine what changes need to be made to
state-issued documents, they have merely
promised to make decisions in the coming weeks. John, however,
does not have weeks to wait
and see what determination Defendants make regarding death
certificates. He has been told he
has 45-60 days to live; and he may die sooner than that. See
Declaration 9. John has the
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constitutional right to have his marriage recognized by the
State of Texas, and the recognition of
their marriage in Jamess death certificate falls squarely and
clearly within that right, as
contained in this Courts Order.
Conclusion
Intervenor John Allen Stone-Hoskins requests that the Court
order Defendants Ken
Paxton, in his official capacity as Texas Attorney General, and
Kirk Cole, in his official capacity
as interim Commissioner of the DSHS, to appear at a time and
place to be set by the Court and
that upon that hearing the Court find that they should be held
in contempt of court and
accordingly punished for the contemptuous acts set out above.
Furthermore, John requests that
the Court order the DSHS to immediately correct the death
certificate of James H. Stone-Hoskins
to state that John is the surviving spouse of James, and in so
doing, recognize John and Jamess
legal out-of-state marriage.
Respectfully submitted,
AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Daniel McNeel
Lane, Jr.
Daniel McNeel Lane, Jr. (SBN 00784441) [email protected]
Matthew E. Pepping (SBN 24065894) [email protected] 300 Convent
Street, Suite 1600 San Antonio, Texas 78205 Phone: (210) 281-7000
Fax: (210) 224-2035 Andrew F. Newman (SBN 24060331)
[email protected] 1700 Pacific Ave., Suite 4100 Dallas, Texas
75201 Phone: (214) 969-2800 Fax: (214) 969-4343
Attorneys for Intervenor
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CERTIFICATE OF SERVICE
I certify that on August 5, 2015, I served all parties a copy of
the foregoing document via the Courts ECF service.
By: /s/ Daniel McNeel Lane, Jr. Daniel McNeel Lane, Jr.
CERTIFICATE OF CONFERENCE I certify that on August 4, 2015,
counsel for Intervenor conferred with all parties of record.
Defendants Abbott, Paxton, and Cole oppose the relief requested in
this motion. Defendant Rickhoff advised that he takes no position
on the relief requested.
By: /s/ Daniel McNeel Lane, Jr. Daniel McNeel Lane, Jr.
Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 8 of
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Exhibit A
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 1 of
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
TEXAS
SAN ANTONIO DIVISION
CLEOPATRA DE LEON, NICOLE DIMETMAN, VICTOR HOLMES, and MARK
PHARISS
Plaintiffs,
v. CIVIL ACTION NO. 5: 13-cv-982-0LG
GREG ABBOTT, in his official capacity as Governor of the State
of Texas, KEN PAXTON, in his official capacity as Texas Attorney
General, GERARD RICKHOFF, in his official capacity as Bexar County
Clerk, and KIRK COLE, in his official capacity as interim
Commissioner of the Texas Department of State Health Services
Defendants.
DECLARATION OF JOHN ALLEN STONE-HOSKINS IN SUPPORT OF HIS
EMERGENCY MOTION (I) TO INTERVENE AND (II) FOR CONTEMPT
I, John Allen Stone-Hoskins, hereby declare and state as
follows:
1. I am a resident of the State of Texas and live in Conroe,
Texas.
2. In August of2014, James H. Stone-Hoskins and I were legally
married in the State
of New Mexico. James and I were partners for over 10 years prior
to marrying in 2014.
3. In January of2015, James passed away.
4. James's death certificate, issued shortly after his death by
the State of Texas, lists
James as "single" and does not recognize me as his husband, but
rather as his "significant other."
1
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5. James died without a will.
6. On June 26, 2015, the same day as the Supreme Court of the
United States ruled in
Obergefell v. Hodges, Sup. Ct. Case No. 14-556 (June 26, 2015),
I began requesting that the State
of Texas correct James's death certificate to reflect that James
and I were legally married and to
recognize me as his spouse. Specifically, I made the following
efforts:
a. On June 26, 2015, I called the Texas Department of State
Health Services ("DSHS"). During this call, I was told the DSHS
would not be amending death certificates to recognize out-of-state
same-sex marriages;
b. I received a call from the DSHS General Counsel's office on
approximately June 29, 2015. During this call I was asked to not
send any documentation yet so that they could have time to review
the decision and plan accordingly;
c. On July, 7, 2015 I called the DSHS. During this call I was
again told that the DSHS would not be amending death certificates
to recognize out-of-state same-sex marriages and that I should not
send any paperwork to the DSHS because it would not be
processed;
d. On July 9, 2015, I filled out all necessary paperwork
required by the State of Texas to correct a death certificate error
(Form VS-172) and I filed the paperwork with the DSHS by Express
Mail, which the DSHS received on July 10. A true and correct copy
of the Form VS-172 and all supporting documentation that I
submitted to the DSHS on July 9, 2015 is attached hereto as Exhibit
A-1; and
e. A true and correct copy of the DSHS's statement in response
to the Form VS-172 that I submitted to the DSHS on July 10, 2015 is
attached hereto as Exhibit A-2.
7. As of today, the State of Texas has refused to correct
James's death certificate.
8. Since James's death, and due in part to the fact that James
died without a will, I
have suffered numerous harms as a result of the State ofTexas
refusing to recognize me as James's
spouse. After being partners and then legally married for a
total of over 10 years, James and I had
built a large estate together. My harms primarily stem from my
inability to inherit and gain title
to James's estate as his surviving spouse-James and I acquired a
large amount of property
throughout our relationship that we shared as community property
and I am currently unable to
2
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acquire title to much of this property because James's death
certificate does not list me as his
spouse. Some specific examples include:
a. I have been unable to gain title to a motorcycle that James
held title to. James and I planned for the motorcycle to be donated
to a fire department upon my death, but I have been unable to gain
title for it from the Texas Department of Motor Vehicles because
our marriage was not previously recognized by the State of Texas
and is still not recognized on James's death certificate. I have
paid off the entire loan for this motorcycle since his death;
and
b. James's mother has begun to remove James's property,
including photographs, mementos of our relationship, and other
personal property that James and I acquired together. I do not have
the ability to stop her from doing this because James's and my
marriage is not recognized by the State of Texas due to its refusal
to correct James's death certificate.
9. I have been diagnosed with terminal cancer. I have a terminal
liver disease,
melanoma, basal cell carcinoma, breast disease, a heart defect,
in addition to a defective aorta,
which was not discovered until recently. My doctors expect me to
live another 45 to 60 days.
1 0. In preparation for my impending death, I wish to properly
plan for the passing of
my estate when I die, but have thus far been unable to do so as
a result of the State of Texas's
refusal to correct James's death certificate and recognize me as
his spouse and that we were legally
married.
II. I also wish to have the dignity of being listed on my
deceased husband's death
certificate.
I declare under penalty of perjury that the foregoing is true
and correct to the best of my
knowledge and ability. l1 c Executed on /T.A
3
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EXHIBIT A-1
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 5 of
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John A. Stone-Hoskins, V 7083 Gentle Breeze Drive Willis, Texas
77318 (281) 202-9588 Jstonehoskins2@att. net
July 9, 2015
Texas Department of State Health Services Vital Statistics P.O.
Box 12040 Austin, Texas 78711-2040
Dear Sir or Madam,
This form VS-172 Application to Amend Certificate of Death is
submitted to the Texas Department of State Health Services in
reference to State File Number 142-15-007851, James Stone, Pursuant
to the Order of the United States Supreme Court in OBERGEFELL ET
AL. v. HODGES No. 14--556, with emphasis added
Held: The Fourteenth Amendment requires a State to license a
marriage between two people of the same sex and to recognize a
marriage between two people of the same sex when their marriage was
lawfully licensed and performed out-of-State
As well as DeLeon, et. a/, v. Perry, et. a/, also naming the
Texas Department of State Health Services, through then
Commissioner David Lakey (Now Kirk Cole) as a Defendant Cause
Number SA-13-CA-00982-0LG, United States Court, Western District of
Texas, San Antonio Division completely and in its entirety
nullified and found unconstitutional Article I, Section 32, as well
as applicable sections of the Texas Family Code, to include Texas
Family Code 6.0124.
This Department has utilized the Texas Constitutional Amendments
and the Texas Family Code as its basis for denial of recognition of
same sex marriage as it relates to Death Certificates issued by the
Bureau of Vital Statistics.
Due to the aforementioned court rulings, I present this VS-172
to amend the Death Certificate of James Henry Stone.
FACTS: John Allen Hoskins, V and James Henry Stone were legally
married in the State of New Mexico, County of Santa Fe, on August
28, 2014.
John Allen Hoskins, V and James Henry Stone then shared the
hyphenated last name Stone-Hoskins.
On January 19, 2015 in Conroe, Montgomery County, Texas, James
Henry Stone-Hoskins committed suicide.
Page 1 of 4 IN RE: State File 142-15-007851 VS-172 Amendment Of
Death Certificate of James Stone, legally known as James Henry
Stone-Hoskins.
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 6 of
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John Allen Stone-Hoskins, V and James Henry Stone-Hoskins were
married and resided together at 817 Lightningbug Lane, Conroe,
Texas until his death on January 19, 2015.
State File Number 142-15-007851 is the death certificate number
for James Henry Stone.
At the time of his death, the Decedent and John Allen
Stone-Hoskins, V were legally married, living together, and
although at the time, the State of Texas refused to recognize our
marriage, due to State law.
CASE LAW REQUIRING AMENDMENT OF CERTIFICATE OF DEATH:
DUE TO THE ABOVE COURT DECISIONS, BOTH BY THE UNITED STATES
SUPREME COURT, AND THE UNITED STATES DISTRICT COURT, WESTERN
DISTRICT OF TEXAS, SAN ANTONIO DIVISION, the Texas Department of
State Health Services MUST amend the Death Certificate in
compliance with the rulings of the United States Supreme Court and
US District Court, Western District of Texas.
The 5th Circuit Court of Appeals has affirmed the rulings of
Judge Garcia and the Supreme Court.
Specifically, the following must be corrected, in compliance
with the Court's rulings:
Item 1: Legal Name of Deceased- James Henry Stone SHALL be
changed to James Henry Stone-Hoskins, with a Given name of
Stone.
Item 8: Marital Status at Time of Death- NEVER MARRIED SHALL BE
CHANGED TO MARRIED
Item 9: Spouse- Current entry is BLANK, this SHALL be changed to
John Allen Stone-Hoskins, V
Item 17: Informant- Current entry is John Allen Hoskins, V
Significant Other. This SHALL be changed to John Allen
Stone-Hoskins, V, SPOUSE/HUSBAND.
This Department is subject to the rulings of both the United
States District Court, Western District of Texas and the Supreme
Court of the United States of America.
I am enclosing the following supporting documentation
Given Name: Affidavit of John Allen Stone-Hoskins, V and Birth
Certificate.
Last Name: Affidavit of John Allen-Stone Hoskins, V and Joan
Stone, Application and Certificate of Marriage License, County of
Santa Fe, State of New Mexico
Marital Status at Time of Death: Affidavit signed by the
Original Informant (John Allen Stone-Hoskins, V)
Page 2 of 4 IN RE: State File 142-15-007851 VS-172 Amendment Of
Death Certificate of James Stone, legally known as James Henry
Stone-Hoskins.
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As to the above REQUIRED changes, the Affidavits of Any Fact are
all inclusive, and the marriage record and birth certificate of the
Decedent is enclosed, as required on Document VS 172.
Accompanying this REQUIRED amendment are 2 affidavits, in
addition to the certified marriage record, and birth certificate
for the section "CHANGES IN INFORMATION".
This Department is required by law to comply with the rulings of
the Court, and therefore, prior policies and procedures of the
Texas Department of State Health Services as it relates to same sex
marriage are invalidated as of June 26, 2015 by the Supreme Court
and the United States District Court, Western District of
Texas.
I have reviewed the internal policies and procedures of the
Department of State Health Services which relied on the sections of
the Texas Family Code which have now been invalidated by the
Federal Judicial System in all 50 states, and therefore, the
Supremacy Clause applies in this instant case. These rulings are
RETROACTIVE, and therefore, there is no basis for denial because of
the death occurring BEFORE the ruling of the Supreme Court, but
AFTER the date of legal marriage.
The ruling striking the Texas ban was issued on 2/26/14, BEFORE
the date of the marriage of John and James. It was temporarily
stayed. The marriage occurred on August 28, 2014. The stay was
lifted in an order on June 26, 2015.
The ruling of Judge Orlando Garcia, Federal District Judge
sitting for the Western District of Texas specifically struck down
the Texas statutes and constitutional amendments that this
Department has previously relied on.
His ruling stated :"Applying the United States Constitution and
the legal principles binding on this Court by Supreme Court
precedent, the Court finds that Article I, Section 32 of the Texas
Constitution and corresponding provisions of the Texas Family Code
are unconstitutional. These Texas laws deny Plaintiffs access to
the institution of marriage and its numerous rights, privileges,
and responsibilities for the sole reason that Plaintiffs wish to be
married to a person of the same sex. The Court finds this denial
violates Plaintiffs' equal protection and due process rights under
the Fourteenth Amendment to the United States Constitution."
Federal District Judge Orlando Garcia originally stayed his
ruling issued on February 26, 2014.
That stay was lifted in an order signed by Judge Garcia on June
26, 2015 following the ruling of the United States Supreme
Court.
Judge Garcia on June 26, 2015 issued the following ruling, which
is enclosed:
"On this day the Court considered Plaintiffs' Emergency
Unopposed Motion to Lift the Stay of Injunction (docket no. 95).
Based on the opinion issued today by the United States Supreme
Court in Obergefell v. Hodges, No. 14-556, U.S. (2015), the Court
finds Plaintiffs' motion should be GRANTED. Accordingly, the Court
hereby LIFTS the stay of injunction issued on February 26, 2014
(see docket no. 73), and enjoins Defendants from enforcing Article
I, Section 32 of the Texas Constitution, any related provisions in
the Texas Family Code, and any other laws or regulations
prohibiting a person from marrying another person of the same sex
or recognizing same-sex marriage" Page 3 of 4 IN RE: State File
142-15-007851 VS-172 Amendment Of Death Certificate of James Stone,
legally known as James Henry Stone-Hoskins.
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On July 1, the 5th Circuit Court of Appeals AFFIRMED the
Decision of Judge Orlando Garcia.
Therefore, the Department MUST amend the Death Certificate-
State File Number 142-15-007851, based on the evidence provided,
which must as of June 26, 2015, be recognized and amended as
required by Federal Law striking down Texas ban on recognition of
same-sex marriage for ANY purpose, to include marriage in and out
of the state.
I appreciate your prompt attention to this matter and expect an
immediate resolution, in compliance with the rulings of the Federal
Courts with jurisdiction over this Department.
I write this, due to the conversation I had with your customer
service department in the Vital Statistics Bureau who stated that
this Department WOULD NOT be complying with the ruling of the
Court.
Your prompt and immediate attention is required in this
matter.
Should the Department need additional information, please
contact me at 281-202-9588 or via email at
[email protected]
{/ [:;.lien Stone-Hoskins, V Enclosures: Form VS-172 w/
payment(s) (46.00 Cashiers Check- Statutory Filing Fee, Certified
Copy X 3, Expedited Service Fee and Overnight Fee)
Affidavit of John Allen Stone-Hoskins, V
Copy of Death Certificate State File 142-15-007851 (1 page)
Certified Record of Marriage (1 Page w/ Seal Legal Size 1 Page
8X11) (Application for Marriage License, State of New Mexico,
County of Santa Fe No. 1562)
Certificate of Marriage (1 Page)
Copy of Birth Certificate of James Henry Stone (1 Page)
Photograph of headstone, identifying the married name of
Stone-Hoskins (1 Page)
Order Lifting Stay DeLeon v. Perry United States District Court,
Western District of Texas, signed by Judge Orlando Garcia June 26,
2015, granting immediate relief to same-sex couples, striking the
Texas Constitutional and Statuatory bans on Same Sex Marriage. (1
page)
Judgment Deleon v. Perry- 5th Circuit Court of Appeals (2 Pages)
Opinion (4 Pages)
Page 4 of 4 IN RE: State File 142-15-007851 VS-172 Amendment Of
Death Certificate of James Stone, legally known as James Henry
Stone-Hoskins.
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Mall application, supporting document(&), and the statutory
filing fee of $15.00 to the address below. This fee does not
Include the cost of a certified copy of the record after the
amendment Is filled. Please enclose additional fee of $20.00 for
the first copy of the amendment certificate requested, and $3.00
for each additional copy.
Texas Vital Statistics Deparbnent of State Health Services v
Oep.vtme P.O. BOX 12040 Austin, Texas 78711-2040 SI.11 ..
APPLICATION TO AMEND CERTIFICATE OF DEATH
Please type or print NO.
NAME Stone-Hoskins, V John Allen LAST FIRST MIDDLE
STREET ADDRESS 7083 Gentle Breeze DAYTIME PHONE (281 ) 202 9588
CITY Willis STATE TX ZIP 77318 SIGNATURE lL /( II
I
' PART I. ENTER NAME, DATE AND PLACE OF OEATH, AND NAMES OF
PARENTS AS INFORMATION APPEARS ON DEATH CERTIFICATE. 1. FULL NAME
OF DECEASED 2. DATE OF DEATH
James Henry_ Stone 01/19/2015 3. PLACE OF DEATH (CiJJ County)
lty 4.SEX 5. STATE OR LOCAL FILE NO. (If known) Conroe ontgomery
Coun M 142-1 5-007851 (Death Certificate Number) 6. FULL NAME OF
FATHER 7. FULL MAIDEN NAME OF MOTHER
Wallace Franklin Stone Joan McGinnis PART II. ITEM(S) ON
ORIGINAL DEATH CERTIFICATE TO BE CORRECTED.
B. ITEM OR ITEM NO. 9. ENTRY ON ORIGINAL CERTIFICATE 10. CORRECT
INFORMATION 1. James Henry Stone James Henry Stone-Hoskins
EMPTY STONE GIVEN NAME 8. Never Married Married 9. 17.
PART Ill. THIS SECTION MUST BE CERTIFICATE. THIS
EMPTY John Allen Stone-Hoskins, V John Allen Hoskins V
Significant Other John Allen Stone-Hoskins, V, Husband
AFRDAWTOFPERSONALKNOWLEDGE THE INFORMANT, PHYSICIAN, OR FUNERAL
DIRECTOR WHO SIGNED THE ORIGINAL DEATH BE SIGNED IN THE PRESENCE OF
A NOTARY PUBLIC.
WARNING: THIS IS A GOVERNMENTAL DOCUMENT. TEXAS PENAL CODE,
SECTION 37.10, SPECIFIES PENALTIES FOR MAKING FALSE ENTRIES OR
PROVIDING FALSE INFORMATION IN THIS DOCUMENT. VS 172 Rev
05/2006
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 10 of
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PART V. EXAMPLES OF CORRECTIONS AND TYPES OF DOCUMENTS REQUIRED.
GENERALLY, THE AFFIDAVIT AND ONE ACCEPTABLE DOCUMENT ARE
SUFFICIENT.
EXAMPLES OF CORRECTIONS TYPES OF DOCUMENTS
A. ADDING INFORMATION [Items left blank on the certificate,
excluding cause of death medical information]
[1] No documents are required
................................................. .
B. CORRECTIONS IN SPELLING [1] No documents are required
................................................. .
C. CHANGES IN INFORMATION [1] Relating to Deceased G Given Name
................................................................
.
{J Marital Status
.............................................................. . e.
Date of Birth of Decedent...
......................................... . f. Age
..............................................................................
. g. Usual Occupation
........................................................ . h.
Birthplace
....................................................................
.
[2] Relating to Parent(s) a. Given Name(s)
............................................................ . b.
Last Name of Father or Maiden name of Mother ........ .
Affidavit signed by informant, Funeral Director in Charge,
Family Member
Affidavit signed by informant, Funeral Director in Charge,
Family Member
Affidavit and one document Affidavit and one document This item
is considered medical information and may only be changed upon the
affidavit of medical attendant or coroner that certified the death.
Affidavit signed by original informant, if the original informant
is not available, then an affidavit and Court Finding as to the
marital status of the deceased at the time of death. Affidavit by
informant or relative Affidavit by relative or informant Affidavit
by informant, relative, or Funeral Director in Charge Affidavit by
informant, relative, or Funeral Director in Charge
Affidavit by informant or relative and one document Affidavit of
informant or relative and one document
ALL OTHER ITEMS REQUIRING CORRECTION SHOULD BE REFERRED TO VITAL
STATISTICS FOR INSTRUCTIONS ON DOCUMENTATION.
PART VI. SUGGESTED TYPES OF DOCUMENTARY EVIDENCE. THE DOCUMENT
MUST SHOW THE CORRECT INFORMATION REGARDING THE ITEM(S) TO BE
CORRECTED.
1. BAPTISMAL CERTIFICATE
2. ARMED FORCES DISCHARGE PAPERS
MARRIAGE RECORD A certified copy of certificate, license, or
application, whichever supplies the required facts.
4.-. BIRTH CERTIFICATE OF CHILD OF DECEASED
(Y' BIRTH CERTIFICATE OFDECEASED 6. DIVORCE RECORD
(j) /fefi.Jrl-ai1e The fee for conducting each search and
issuing a certified copy of a death certificate is $20.00. If more
than one certification of the same record is required at the same
time, the fee for the first copy of a death record is $20.00 and
$3.00 for each additional copy of the record requested by the
applicant in a single request. For any search of the files where a
record is not found or a certified copy is not issued, the fee is
$20.00.
Mail application, supporting document(s), and the statutory
filing fee of $15.00 to the address below. This fee does not
include the cost of a certified copy of the record after the
amendment is filled. Please enclose additional fee of $20.00 for
the first copy of the amendment certificate requested, and $3.00
for each additional copy.
If we may be if further assistance you may call1-888-963-7111,
Monday- Friday 8am-5pm Texas Vital Statistics Department of State
Health Services
P.O. BOX 12040 Austin, Texas 78711-2040
WARNING: THIS IS A GOVERNMENTAL DOCUMENT. TEXAS PENAL CODE,
SECTION 37.10, SPECIFIES PENALTIES FOR MAKING FALSE ENTRIES OR
PROVIDING FALSE INFORMATION IN THIS DOCUMENT. VS 172 Rev
05/2006
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 11 of
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AFFIDAVIT OF JOHN ALLEN STONE-HOSKINS, V
COUNTY OF MONTGOMERY
STATE OF TEXAS
And now comes the undersigned affiant, JOHN ALLEN STONE-
HOSKINS, V , who resides at 7083 Gentle Breeze Drive, Willis, Texas
77318, DOB August4, 1978, who, being of proper age and duly sworn
under Oath, and states the following:
1. My name is John Allen Stone-Hoskins, V.
2. I am over 21 years of age, am of sound mind and am in all
ways competent to make this affidavit.
2. I have never been charged with or convicted of a misdemeanor
or felony.
3. This affidavit is drafted in support of the VS-172 Amendment
of Death Certificate, State File 142-1 5-007851, currently under
the name of James Henry Stone.
4. On August 28, 2014 in Santa Fe County, New Mexico, I married
James Henry Stone.
5. Attached to this Affidavit is the VS-172 and a certified copy
of the application for marriage license and certificate of marriage
issued to us.
6. Both John Allen Hoskins, V and James Henry Stone were legally
and lawfully wed in the State of New Mexico on August 28, 2014. See
Application for Marriage License Certificate No. 1562, Certified
attached to this document.
7. Following the marriage of John Allen Hoskins, V and James
Henry Stone, both John and James shared the hyphenated last name of
Stone-Hoskins, in lieu of choosing either surname over the other
following our lawful marriage.
8. At that time John Allen Hoskins, V became John Allen
Stone-Hoskins, V and James Henry Stone became James Henry
Stone-Hoskins. Both John and James used their shared last name on
multiple documents, in addition to email accounts.
9. On January 19, 2015, James Henry Stone-Hoskins committed
suicide at 817 Lightningbug Lane, Conroe, Texas, a home shared with
his husband, John Allen Stone-Hoskins.
10. Due to Article 1, Section 32 of the Texas Constitution, and
Chapter 6.0142 of the Texas Family Code, and all other applicable
sections, the State of Texas REFUSED to recognize the legality of
the same sex-marriage of John Allen and James Henry.
Page 1 of 3 Affidavit of John Allen Stone-Hoskins, V RE:
Affidavit in Support of VS-172, State File Death Certificate 142-1
5-007851 "James Henry Stone" as filed January 2015.
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 12 of
31
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As a result, the Justice of the Peace, Judge Wayne Mack, and
McNutt Funeral Home could not legally recognize the marriage of
John and James or acknowledge such union.
As a result of the reliance on an unconstitutional basis of
Texas law and an unconstitutional Texas constitutional amendment,
the following errors are incorrect on the Death Certificate- State
File 142-1 5-007851:
Item 1- Name listed as James Henry Stone. CORRECT LAWFUL name
should be JAMES HENRY STONE-HOSKINS
Item 2- Given name is BLANK Item 8- Never Married. Item 9.
Spouse is BLANK
HOSKINS, V.
CORRECT GIVEN name should be STONE. CORRECT STATUS should be
MARRIED CORRECT ENTRY should be JOHN ALLEN STONE-
Item 17, Informant is listed as John Allen Hoskins, V-
Significant Other. CORRECT ENTRY should be JOHN ALLEN
STONE-HOSKINS, V SPOUSE/HUSBAND.
11. On or about February 26, 2014, United States District Judge
Orlando Garcia declared in the case of Deleon v. Perry, Abbott, and
the Texas Department of State Health Services, that Article 1,
Section 32, Chapter6.0142, and all applicable sections of the Texas
Family Code and all policies, practices and procedures prohibiting
the recognition of a same-sex marriage to be unconstitutional
pursuant to the 14th Amendment.
12. Judge Garcia enjoined the Texas Department of State Health
Services and the State of Texas, as well as all political
subdivisions of the State from applying the aforementioned
prohibitions, and declared the acts of the State to be illegal and
unconstitutional. He stayed that ruling until the matter could be
heard before the United States 5th Circuit Court of Appeals in New
Orleans.
13. On June 26, 2015, the Supreme Court of the United States
declared that the rulings of multiple United States District Judges
and Federal Court of Appeals to be true and correct, that bans such
as those in place in Texas were unconstitutional pursuant to the
14th amendment to the United States Constitution.
14. On June 26, 2015, Judge Garcia immediately lifted his stay
on his previous ruling, which immediately took effect, enjoining
the Texas Department of State Health Services from its previous
unconstitutional course of conduct, as it violated the United
States Constitution.
15. On July 1, 2015, the 5th Circuit Court of Appeals ordered
all States, including the State of Texas to comply with the Supreme
Court decision in the Obergvell v. Hodges case, as well as Deleon
v. Perry, Abbott and the Texas Department of State Health Services.
Specifically, Circuit Judge Jerry Smith issued rulings to each
State, stating the following "U.S. Supreme Court's decision that
marriage is a constitutional right equally held by all Americans
"is the law of the land and, consequently, the law of "this
circuit, and should not be taken lightly by actors within
jurisdiction of this court"
16. Affiant attaches multiple exhibits to this Amended Death
Certificate form VS-172, in support. They are either original in
nature, certified copies, or copies of documents that are relevant
to the changes requested, as the Texas Department of State Health
Services must now, as of June 26, 2015 recognize all same-sex
marriages performed in any other State.
Page 2 of 3 Affidavit of John Allen Stone-Hoskins, V RE:
Affidavit in Support of VS-172 , State File Death Certificate 142-1
5-007851 "James Henry Stone" as filed January 2015.
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 13 of
31
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17. In this instant case, the marriage was performed in
accordance with the laws of the State of New Mexico, and therefore,
the marriage between John and James MUST be recognized in
accordance with the rulings of 3 Federal Courts, the United States
District Court for the Western District of Texas, San Antonio
Division; The United States Fifth Circuit Court of Appeals, and The
Supreme Court of The United States.
18. Therefore, the death certificate State File No. 142-1
5-007851, MUST, in accordance with the rulings of the Federal
Judiciary, be amended to recognize the lawful same sex marriage of
John Allen Hoskins and James Henry Stone, as outlined above, and as
outlined on form VS-172 and the enclosed documentation, which is
true and correct.
Further Affiant Sayeth Not.
Sworn to and subscribed before me &;,6)#/.1 &w:-AJ: on
this .1:!i_ day of __ 7 /' 2015 .. BOBBY LEE NOVAKOSKY -----'
Notary State of Texas
My Commtssion Expires August 15, 16
My Commission Expires
Page 3 of 3 Affidavit of John Allen Stone-Hoskins, V RE:
Affidavit in Support of VS-172 , State File Death Certificate 142-1
5-007851 "James Henry Stone" as filed January 2015.
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 14 of
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o..tar-
This is a true and correct reproduction of the original record
as recorded in this office. Issued under authority of Section
191.051, Health and sar.ty COde,. I '
.. .ISSUED ( " \'II!M.DltE Fl. HARAI6
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 15 of
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\ I
No 1562
APPLICATION FOR MARRIAGE LICENSE STATE OF NEW MEXICO
County of Santa Fe } IS. TO THE COUNTY CLERK
We the undersigned hereby make applic:mln to be united in
marriage and certify that we are not related within the degree
prohibited by the 18M of lhia state; that neither Is bound by
marriage to another; that there exists no legal impediment to IIIIa
marriage; and that the lnfonnation herein Is correct.
Applicant !OHN All EN HOSKINS V Applicant JAMES HENRY STONE Dale
of Birth August 4 1978 Date of Birth April 22 1982 Place of Birth
--'PuM:H>tiS..._,JX..._.U..,.SArn._ ______ Piace of Birth
MOUNTAIN HOME AR USA P-nt Address 8171 !('..tfTNIN
-
THIS IS A CERTIFIED COPY OF AN ORIGINAL DOCUMENT
This is to certify that the above is an exact reproduction of
the original certificate which is on file in this office and of
which I am legal custodian. In testimony whereof, witness my hand
and seal of office at Little Rock, Arkansas. (Do not accept if
rephoto-graphed, or if seal cannot be felt.)
DEC 30 1986 DATE EGISTRAR
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 17 of
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r SfADOJt
NEW MEXICO
" COUNTY OF SANUR
I HEREBY CERTIFY that on the day of , in said County and State,
I, the undersigned, a
Lv. ,.,;_,\cr did join in
in accordance with the Laws of the State of New Mexico, and the
authorization of the foregoing License, JOHN AI I EN HOSKINS v of
CONROE, IX, liSA . _,,;l;lllHiiluJ;:, I . . ;...:ry C6 ' " ,\
........... ., :'"C:: f'f' and JAMES HENRY STONE of CONROE, TX, USA
/ M, \_. . . . . .WITNES. S my hand and seal the day and year last
above written
. . .. . r\ (\ : . . . .. . . A"fiJ:j .. .--==. "-9 'f .
: . OL.C... >.
-
Page 1 of 1
https://scontent-dfw1-1.xx.fbcdn.netlhphotos-xtpllv/t1.0-9/11350456
_1 020599278763520... 6/26/2015
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 19 of
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-case 5:13-cv-00982-0LG Document 97 Filed 06/29/15 Page 1 LED
JUN 2 9 2015 IN THE UNITED STATES COURT OF APPEALS
CL WESTERN
FOR THE FIFTH CIRCUIT uv _
No. 14-50196 United States Coun of Appeals Fifth Circuit
FILED
July 1, 2015 D.C. Docket No. 5:13-CV-982-0l.!q Lyle w. cayce
Clerk CLEOPATRA DELEON; NICOLE DIMETMAN; VICTOR HOLMES; MARK
PHARISS,
Plaintiffs - Appellees
V.
GREG ABBOTT, in his official capacity as Governor of the State
of Texas; KEN PAXTON, in his official capacity as Texas Attorney
General; KIRK COLE, in his official capacity as Commissioner of the
Texas Department of State Health Services,
Defendants - Appellants
Appeal from the United States District Court for the Western
District of Texas, San Antonio
Before HIGGINBOTHAivl, SMITH, and GRAVES, Circuit Judges.
JUDGMENT
This cause was considered on the record on appeal and was argued
by counsel.
It is ordered and adjudged that the judgment of the District
Court is affirmed and remanded.
UTY
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 20 of
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-Case 5:13-cv-00982-0LG Document 97 Filed 06/29/15 Page 2 of
6
IT IS FURTHER ORDERED that defendants-appellants pay to
plaintiffs-appellees the costs on appeal to be taxed by the Clerk
of this Court.
Certified ns n true copy nnd issued as the mandnte on Jul 01,
2015 Attest: d...k W Q C... Clerk, U.S. of Fifth Circuit
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 21 of
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Case 5:13-cv-00982-0LG Document 96 Filed 06/26/15 Page 1 of
1
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
TEXAS
SAN ANTONIO DIVISION
CLEOPATRA DE LEON, et al. Plaintiffs,
v.
F\LED
Cause No. SA-13-CA-00982-0LG RICK PERRY, in his official
capacity as Governor of the State of Texas, et al.,
Defendants.
ORDER GRANTING PLAINTIFFS' EMERGENCY UNOPPOSED MOTION TO LIFT
THE STAY OF INJUNCTION
On this day the Court considered Plaintiffs' Emergency Unopposed
Motion to Lift the
Stay of Injunction (docket no. 95). Based on the opinion issued
today by the United States
Supreme Court in Obergefell v. Hodges, No. 14-556, _ U.S. _
(2015), the Court finds
Plaintiffs' motion should be GRANTED. Accordingly, the Court
hereby LIFTS the stay of
injunction issued on February 26, 2014 (see docket no. 73), and
enjoins Defendants from
enforcing Article I, Section 32 of the Texas Constitution, any
related provisions in the Texas
Family Code, and any other laws or regulations prohibiting a
person from marrying another
person of the same sex or recognizing same-sex marriage.
It is so ORDERED.
SIGNED this 7}.J day of June, 2015.
United States District Judge Orlando L. Garcia
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 22 of
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Case: 14-50196 Document: 00513102239 Page: 1 Date Filed:
07/01/2015
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 14-50196 United States Court of Appeals Fifth Circuit
FILED July 1, 2015
CLEOPATRA DE LEON; NICOLE DIMETMAN; VICTOR HOLMES; MARK
PHARISS,
Lyle W. Cayce Clerk
Plaintiffs-Appellees,
versus
GREG ABBOTT, in His Official Capacity as Governor of the State
of Texas; KEN PAXTON, in His Official Capacity as Texas Attorney
General; KIRK COLE, in His Official Capacity as Commissioner of the
Texas Department of State Health Services,
Defendants-Appellants.
Appeal from the United States District Court for the Western
District of Texas
Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. JERRY E.
SMITH, Circuit Judge:
The plaintiffs are two same-sex couples who seek to marry in
Texas or to have their marriage in another state recognized in
Texas. They sued the state defendants seeking (1) a declaration
that Texas's law denying same-sex coup-les the right to marry, set
forth in Article I, 32 of the Texas Constitution and, inter alia,
Texas Family Code 2.001 and 6.204, violates the Due Process and
1 of 9
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 23 of
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Case: 14-50196 Document: 00513102239 Page: 2 Date Filed:
07/01/2015
No. 14-50196 Equal Protection Clauses of the Fourteenth
Amendment and 42 U.S. C. 1983 and also seeking (2) a permanent
injunction barring enforcement of Texas's laws prohibiting same-sex
couples from marrying. On February 26, 2014, the district court
issued a preliminary injunction prohibiting the state from
enforc-ing any laws or regulations prohibiting same-sex couples
from marrying or pro-hibiting the recognition of marriages between
same-sex couples lawfully solem-nized elsewhere. The court
immediately stayed its injunction while the state appealed. After
full briefing, including participation by numerous curiae, this
court heard expanded oral argument on January 9, 2015.
While this appeal was under submission, the Supreme Court
decided Obergefell v. Hodges, No. 14-556, 2015 U.S. LEXIS 4250
(U.S. June 26, 2015). In summary, the Court declared that
the right to marry is a fundamental right inherent in the
liberty of the person, and under the Due Process and Equal
Protection Clauses of the Fourteenth Amendment couples of the
same-sex may not be deprived of that right and that liberty. The
Court now holds that same-sex couples may exercise the fundamental
right to marry. No longer may this lib-erty be denied to them.
Baker v. Nelson [, 409 U.S. 810 (1972),] must be and now is
overruled, and the State laws challenged by petitioners in these
cases are now held invalid to the extent they exclude same-sex
couples from civil marriage on the same terms and conditions as
opposite-sex couples.
Id. at *41-42. "It follows that the Court must also hold-and it
now does hold-that there is no lawful basis for a State to refuse
to recognize a lawful same-sex marriage performed in another State
on the ground of its same-sex character." Id. at *50.
Having addressed fundamental rights under the Fourteenth
Amend-ment, the Court, importantly, invoked the First Amendment, as
well:
Finally, it must be emphasized that religions, and those who
adhere to religious doctrines, may continue to advocate with
utmost, sincere conviction that, by divine precepts, same-sex
marriage should not be
2 2 of 9
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 24 of
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Case: 14-50196 Document: 00513102239 Page: 3 Date Filed:
07/01/2015
No. 14-50196 condoned. The First Amendment ensures that
religious organizations and persons are given proper protection as
they seek to teach the prin-ciples that are so fulfilling and so
central to their lives and faiths, and to their own deep
aspirations to continue the family structure they have long
revered. The same is true of those who oppose same-sex marriage for
other reasons. In turn, those who believe allowing same-sex
mar-riage is proper or indeed essential, whether as a matter of
religious con-viction or secular belief, may engage those who
disagree with their view in an open and searching debate. The
Constitution, however, does not permit the State to bar same-sex
couples from marriage on the same terms as accorded to couples of
the opposite sex.
Id. at *48-49.
Obergefell, in both its Fourteenth and First Amendment
iterations, is the law of the land and, consequently, the law of
this circuit 1 and should not be taken lightly by actors within the
jurisdiction of this court. We express no view on how controversies
involving the intersection of these rights should be resolved but
instead leave that to the robust operation of our system of laws
and the good faith of those who are impacted by them.
In response to Obergefell, the same day it was announced, the
district court a quo issued a one-paragraph order entitled "Order
Granting Plaintiffs' Emergency Unopposed Motion To Lift the Stay of
Injunction," stating that it "hereby LIFTS the stay of injunction
issued on February 26, 2014 ... and enjoins Defendants from
enforcing Article I, Section 32 of the Texas Constitu-tion, any
related provisions in the Texas Family Code, and any other laws or
regulations prohibiting a person from marrying another person of
the same sex or recognizing same-sex marriage." This court sought
and promptly received
1 If it were suggested that any part of the quoted passages is
obiter dictum, we need only recall that although "[w]e are not
bound by dicta, even of our own court[,] [d]icta of the Supreme
Court are, of course, another matter." United States v. Becton, 632
F.2d 1294, 1296 n.3 (5th Cir. 1980). "[W]e give serious
consideration to this recent and detailed discus-sion of the law by
a majority of the Supreme Court." Geralds v. Entergy Servs., Inc.,
709 F.3d 448, 452 (5th Cir. 2013) (Reavley, J.).
3 3 of 9
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Case: 14-50196 Document: 00513102239 Page: 4 Date Filed:
07/01/2015
No. 14-50196 letter advisories from plaintiffs and the state,
asking their respective positions on the proper specific
disposition in light of Obergefell. Because, as both sides now
agree, the injunction appealed from is correct in light of
Obergefell, the preliminary injunction is AFFIRMED. This matter is
REMANDED for entry of judgment in favor of the plaintiffs. The
court must act expeditiously on remand and should enter final
judgment on the merits (exclusive of any collat-eral matters such
as costs and attorney fees) by July 17, 2015, and earlier if
reasonably possible. 2
The mandate shall issue forthwith.
2 Any pending motions are denied as moot. 4
4 of 9
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 26 of
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UNITED STATES DISTRICT COURT FftED FOR THE WESTERN DISTRICT OF
TEXAS SA1' A1N1U1NIIJ J)IVISIIJIN JUL 0 7 2015
CLERK, U.S. DS1RIL CCFURT CLEOPATRA DE LEON, et al. WESTER
Dtj(CT OF TEXAS
Plaintiffs, E PU TV
v. Cause No. SA-13-CA-00982-OLG
RICK PERRY, in his official capacity as Governor of the State of
Texas, et al.,
Defendants.
FINAL JUDGMENT On July 1, 2015, the Fifth Circuit affirmed this
Court's grant of a preliminary injunction
and issued a mandate for this Court to enter judgment in favor
of Plaintiffs in this case. See De Leon v. Abbott, No. 14-50196,
2015 WL 4032161, F.3d (5th Cir. 2015). In light of the United
States Supreme Court's decision in Obergefell v. Hodges, No.
14-556, 2015 WL 2473451, U.S. (2015), and pursuant to the Fifth
Circuit's mandate, the Court hereby enters judgment in this
case.
It is hereby ORDERED, ADJUDGED, and DECREED that: 1) Any Texas
law denying same-sex couples the right to marry, including Article
I, 32
of the Texas Constitution, any related provisions in the Texas
Family Code, and any other laws or regulations prohibiting a person
from marrying another person of the same sex or recognizing
same-sex marriage, violate the Due Process and Equal Protection
Clauses of the Fourteenth Amendment to the United States
Constitution and 42 U.S.C. 1983;
2) Defendants are permanently enjoined from enforcing Texas's
laws prohibiting same- sex marriage; and
3) Any taxable costs in this case are assessed against the
Defendants. It isso ORDERED. SIGNED this 7 day of July, 2015 /1 (
L
United States District Judge Orlando L. Garcia
Case 5:13-cv-00982-OLG Document 98 Filed 07/07/15 Page 1 of
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Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 28 of
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EXHIBIT A-2
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1J. Stone-Hoskins
From: Brown,Cynthia (DSHS) Sent: Friday, July 17, 2015 9:05
AMTo: [email protected]: DL DSHS VSU Field Services;
Bates,Teresa (DSHS); Cochran,Belinda (DSHS);
Farinelli,Victor (DSHS); Kerr,Lonzo (DSHS)Subject: RE: Amended
Death Certificate- Same Sex Marriage
DearJ.Hoskins,Thankyouforyourinquiry.TheDepartmentofStateHealthServices(DSHS)VitalStatisticsUnitandDSHSOfficeofGeneralCounsel,inconsultationwiththeOfficeoftheAttorneyGeneral,isreviewingthecourtsrulingtodeterminewhat,ifany,changesareneededtothedeathregistrationand/oramendmentprocess.Untiltherulingisfullyreviewed,wewillnotbeableknowtheimpactifany,ontheprocesstofileoramenddeathcertificates.Wewillkeepyourdocumentationinapendingfileandwilladviseyouonceadeterminationismade.Sincerely,Cindy
Brown Manager, Supplemental Registration Vital Statistics Unit
Direct: 512-776-7482, Fax: 512-776-7109 Toll Free: 888-963-7111
ext. 2544 [email protected]
From: Farinelli,Victor (DSHS) Sent: Wednesday, July 15, 2015
7:27 AM To: Cochran,Belinda (DSHS); Bates,Teresa (DSHS);
Brown,Cynthia (DSHS) Cc: DL DSHS VSU Field Services Subject: FW:
Amended Death Certificate- Same Sex Marriage Importance: High
SeeBelowandattached------
VictorA.Farinelli,Communications/FieldServicesManagerTexasDepartmentofStateHealthServices,[email protected]
From: J. Stone-Hoskins [mailto:[email protected]] Sent:
Tuesday, July 14, 2015 8:07 PM To: [email protected] Subject: RE:
Amended Death Certificate- Same Sex Marriage Importance: High
ThefollowingdocumentationwasreceivedbytheBureauofVitalStaticsforexpeditedserviceonFridayJuly10,alongwiththefeeof$46.00.Acopyandacertifiedsealedcopyofthemarriagecertificate,alongwithallofthedocumentationinthe2MBPDFTexasDSHSVS172SENTTOAUSTINwassubmitted.
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2IappreciateapromptresponsefromtheBureau.
From:J.StoneHoskins[mailto:[email protected]]Sent:Tuesday,July7,20154:49PMTo:'[email protected]'Subject:RE:AmendedDeathCertificateSameSexMarriageImportance:HighNoticedtheVS172failedtoattach.Pleaseprovideinformationastothedocumentationrequiredtomakethisamendmentoccur.JohnA.StoneHoskins
From:J.Hoskins[mailto:[email protected]]Sent:Tuesday,July7,201511:56AMTo:'[email protected]'Subject:AmendedDeathCertificateSameSexMarriageImportance:HighIamattachingaletterthatwasoriginallybeingsenttotheBureauofVitalStatisticswiththeaccompanyingrequireddocumentationfortheamendmentofadeathcertificateutilizingtheVS172.IspoketotheDeputyGeneralCounsellastMonday,whoadvisedmetogivetheDepartment1weektocomplywiththeSupremeCourtdecision,aswellasDeLeonv.Perry,AbbottandtheTexasDepartmentofStateHealthServices,andnowtherulingofthe5thCircuitCourtofAppeals,affirmingalloftheFederalCourtactions,includingthatofJudgeGarcia,whowasthepresidingFederalJudge.Whatformsanddocumentsareyougoingtorequire?CanIsubmitonaVS172?AttachedistheletterthathasbeenpreparedtosendtotheBureauofVitalStatistics.WhileIunderstandmarriagehasbeenabigissueforyourDepartment,therehasbeennearly2weekstoimplementanypolicychanges.Iamconsultingwithlegalcounsel,anddonotwanttogothroughunnecessarydelaysoradditionallegalproceedings.PleaseinformmewhatdocumentationImustsubmittogetthedeathcertificateamended,aswewerealegallymarriedsamesexcouple(althoughatthetimeitwasnotrecognizedbyTexaslaw),whichhassincebeennullifiedandruledunconstitutionalbytheentireFederalJudiciary.Imyselfamsufferingfromaterminalillness,andwishtohavethisdoneforthwith.Iappreciateapromptresponseinthismatter.Ihavespokentotheamendmentssection,andwasdirectedtosendthistoyourunit.Pleaserespondwithin5businessdaystoavoidpotentiallitigation.IwaitedattherequestoftheDeputyGeneralCounsel.IneeddirectionsastotheVS172anddocumentationthatisrequired.AttachedisacopyoftheVS172(notnotarized).Ihavethesupportingaffidavitsandcertifiedmarriagelicensedocuments,etc.Ihaveover50pagestosubmittotheDepartment.
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
TEXAS
SAN ANTONIO DIVISION CLEOPATRA DE LEON, NICOLE DIMETMAN, VICTOR
HOLMES, and MARK PHARISS
Plaintiffs, v. CIVIL ACTION NO. 5:13-cv-982-OLG GREG ABBOTT, in
his official capacity as Governor of the State of Texas, KEN
PAXTON, in his official capacity as Texas Attorney General, GERARD
RICKHOFF, in his official capacity as Bexar County Clerk, and KIRK
COLE, in his official capacity as interim Commissioner of the Texas
Department of State Health Services
Defendants.
ORDER
Before the Court is Intervenor John Allen Stone Hoskins
Emergency Motion (I) to
Intervene and (II) for Contempt. Having considered the Motion
Intervene, the Court has
determined that the Motion should be, and hereby is, GRANTED.
Having further considered the
Motion for Contempt, the Court has determined that the Motion is
sufficient and it is, therefore,
ORDERED that Defendants Ken Paxton, in his official capacity as
Texas Attorney General, and
Kirk Cole, in his official capacity as interim Commissioner of
the Texas Department of State
Health Services, appear before this Court at
______________________ oclock ____.m. on
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August ______, 2015. The purpose of this hearing is to determine
whether Defendants should be
held in contempt for disobedience of this Courts Order.
It is further ORDERED that Defendant Kirk Cole, in his official
capacity as interim Commissioner of the Texas Department of State
Health Services, immediately issue an amended death certificate for
James H. Stone-Hoskins to state that John is the surviving spouse
of James, and in so doing, fully recognize John and Jamess legal
out-of-state marriage.
SIGNED this ___ day of August 2015
United States District Judge Orlando L. Garcia
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Intervenor John Allen Stone-Hoskins (John) files this Motion to
Intervene and for Contempt (the Contempt Motion) and shows the
Court the following in support:FACTUAL BACKGROUNDI. MOTION TO
INTERVENE