Sign Up to Receive Email Action Alerts From Issa Exposed

Texas man withdraws suit challenging marriage equality ban

Marriage equality Marriage Equality Trials

By Jacob CombsTexas state seal

Domenico Nuckols, a retired nuclear engineer who lives in Galveston, Texas, will withdraw a marriage equality challenge seeking marriage equality he filed in federal court two weeks ago after consulting with several legal organizations, the Dallas Voice reports:

Nuckols, a retired nuclear engineer, filed the case two weeks ago and as of last week was trying to find pro bono legal representation. But he said after talking with the American Civil Liberties Union and receiving a letter on Lambda Legal’s position, he withdrew the suit Monday. The judge signed the order dismissing the case yesterday.

He said the organizations explained they had picked several states like Pennsylvania and Virginia where they thought they could win the fight for same-sex marriage. Nuckols also hasn’t tried to marry in Texas and doesn’t plan to do so, so standing could have been an issue with his case.

At the time of the case’s filing, the Houston Chronicle reported that Nuckols believed he would succeed in his challenge because of the Supreme Court’s decision striking down Section 3 of the Defense of Marriage Act.

At the Dallas Voice report notes, LGBT advocacy groups have filed a string of marriage equality suits in several states after the Supreme Court’s ruling: earlier this month, the ACLU announced three new challenges in Pennsylvania, Virginia and North Carolina and also said it would file a motion with Lambda Legal for summary judgment in a state court case in Illinois.

In general, marriage equality challenges filed by groups such as the ACLU or Lambda Legal are carefully planned and highly strategic: the groups are careful in selecting plaintiffs and making constitutional arguments–and, of course, they employ some of the brightest legal minds on equal protection and LGBT-related law.  Because the Supreme Court hears so few cases, any anti-marriage equality decision could be a major set-back to LGBT advocates, which explains the impetus for legal groups to discourage individuals like Nuckols from filing suits without an advocacy group’s backing.

Having technical problems? Visit our support page to report an issue!