May 30, 2014
The Fifth Circuit Court of Appeals has filed an order in DeLeon v. Perry, setting the briefing schedule in that challenge to Texas’ same-sex marriage ban. The district court had granted a preliminary injunction back in February, against enforcing the ban and the state’s refusal to recognize same-sex marriages legally performed outside of the state, but he then stayed the effects of that decision pending the appeal.
The state filed its appeal, in the conservative-leaning Fifth Circuit, hoping to overturn the preliminary injunction.
Most of the recent developments in the case happened as far back as March, and this month, the appeals court rejected a request to fast-track briefing and argument in the case.
The opening brief will be filed July 9, and the plaintiffs’ brief is due 30 days after that.
The court has not yet set an argument date.
Thanks to Kathleen Perrin for these filings
For more information on De Leon v. Perry from The Civil Rights Litigation Clearinghouse, click here.