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READ IT HERE: Plaintiffs in Texas marriage case ask Fifth Circuit to dissolve stay, state opposes

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In the Fifth Circuit Court of Appeals case DeLeon v. Perry, which has been submitted for decision since arguments have been heard, the plaintiffs are asking the appeals court to lift the stay, or at least to do so for the plaintiffs who have children. The state has filed its opposition, and they claim in part that even if the stay is lifted, the preliminary injunction wouldn’t affect the couple who wants their names listed on their child’s birth certificate.

You can read the request here:

14-50196 – Motion to Lift Texas Stay by Equality Case Files

The opposition is here:

12939747 – State Opposition by Equality Case Files

Thanks to Equality Case Files for these filings


  • 1. Sneaks  |  February 19, 2015 at 8:15 am

  • 2. A_Jayne  |  February 19, 2015 at 8:29 am

    Same-sex couple married today in Austin, TX! The linked article says, "Sarah Goodfriend and Suzanne Bryant requested a marriage license today at the Travis County courthouse after State Judge David Wahlberg ordered Travis County Clerk Dana DeBeauvoir to do so."

    But a Google search does not bring up an order, and the article doesn't link one that I can see.

  • 3. Rick55845  |  February 19, 2015 at 8:30 am

    So the Travis County clerk in this case was ordered to issue the license by state District Judge David Wahlberg. This is entirely different from the Probate case we read about yesterday, but I wonder if the ruling by the Probate judge a couple of days ago was a factor?

    Here is more info on the new event:

    From the article:

    "The county clerk’s office emphasizes that it is not issuing additional marriage licenses to same-sex couples but was only complying with the court order."

  • 4. yyyAllenyyy  |  February 19, 2015 at 8:33 am

    Isn't the 5th about ready to decide the whole thing soon?

  • 5. A_Jayne  |  February 19, 2015 at 8:35 am

    Perhaps this event will encourage them to step up whatever timeline they're working on?

  • 6. guitaristbl  |  February 19, 2015 at 8:49 am

    An interesting development coming at a time the 5th is close to decide this and the motion to lift the stay was filed. Let's see how that goes and how the Texas AG and governor react to this.

  • 7. samg68  |  February 19, 2015 at 8:50 am

    We don't necessarily want that, the closer to the SCOTUS hearing the better so that an appeal for en banc review becomes pointless.

  • 8. TomPHL  |  February 19, 2015 at 8:52 am

    Even if it doesn't, it opens another front on which the battle is fought. The anti-ME forces must feel like they are fighting the Hydra.

  • 9. yyyAllenyyy  |  February 19, 2015 at 8:58 am

    Fine by me. The three judge panel goes our way without a stay, SCOTUS refuses a stay and marriages happen all over the place. Then they can en banc to their black heart's content. The marriages won't disappear.

  • 10. DrBriCA  |  February 19, 2015 at 9:03 am

    It'll be interesting to see what the Texas Supreme Court does the with Travis County ruling, considering that they've been sitting on a divorce case for over a year and given the impending ruling from the 5th circuit for the federal case.

  • 11. Sneaks  |  February 19, 2015 at 9:08 am

    Here is the order

  • 12. A_Jayne  |  February 19, 2015 at 9:08 am

    The order is available now:

  • 13. samg68  |  February 19, 2015 at 9:14 am

    Who says there would be no stay? Realistically there'll be a stay pending appeal. We want that appeal to go to SCOTUS, not the 5th, or we will get no marriages at all.

  • 14. Sagesse  |  February 19, 2015 at 9:38 am

    This is a personal view, so others should feel free to disagree, but I would prefer to see a nice, well-reasoned decision from the 5th circuit, whenever they're ready but prior to April, to add the the other four circuits that have struck down bans. It can be stayed or not, appealed for en banc review or to SCOTUS or not. Having another appleals court ME decision is the most powerful thing that can happen in the time between now and June.

    There are those who will say just keep pushing on all fronts and don't let up… and don't oppose that exactly. But I'm not sure that starting another bigger better circus in Texas alongside the one we already have in Alabama (and make no mistake, Texas will throw a virtuoso circus) will deliver a stronger, more persuasive message.

  • 15. scream4ever  |  February 19, 2015 at 10:51 am

    Even at this point there's not nearly enough time for one to go through.

  • 16. scream4ever  |  February 19, 2015 at 10:52 am

    En banc panels don't have the power to issue stays.

  • 17. Zack12  |  February 19, 2015 at 11:07 am

    There almost isn't but another week or two wouldn't hurt.

  • 18. Zack12  |  February 19, 2015 at 11:24 am

    For those waiting for a ruling, keep in mind the dissenting judge can drag things out for a bit if he or she wants too.
    On the other hand, it could be the pro judges want to make sure there isn't enough time for an en banc request to be made.
    Finally, it's important to keep in mind it's only been a month and a couple of weeks since they heard arguments.
    Every circuit that had a 2-1 ruling for or against ruled 2-3 months after hearing arguments, I don't expect the 5th to be any different.

  • 19. scream4ever  |  February 19, 2015 at 11:42 am

    The average period of time between oral arguments and a ruling being handed down in the 5th Circuit is actually quite short (for this case it will be reached tomorrow actually). Still, I think it's likely for a ruling to be handed down next month since as you said, it's likely to be a split ruling.

  • 20. Zack12  |  February 19, 2015 at 11:54 am

    It's going to be, as Judge Smith made it clear he views Baker as still controlling.

  • 21. scream4ever  |  February 19, 2015 at 12:01 pm

    Also one of the plaintiffs is expecting a baby by the end of March, and they've made sure to indicate that in regards to lifting the stay immediately.

  • 22. samg68  |  February 19, 2015 at 12:25 pm

    Didn't say they did, but a petition for rehearing automatically stays the mandate meaning a stay pending appeal would remain in effect.

  • 23. scream4ever  |  February 19, 2015 at 1:15 pm

    I don't see the two judges who will rule in our favor to issue a stay to be honest, aside from perhaps a temporary one.

  • 24. Zack12  |  February 20, 2015 at 5:18 am

    I expect to see a ruling by mid March at the latest.

  • 25. scream4ever  |  February 20, 2015 at 6:56 am

    Every other case which has resulted in a split ruling has taken around 2.5/3 months for a decision to come down, which would put this case at late March/early April. Still, the Fifth Circuit does have a reputation of being pretty quick in issuing their rulings.

  • 26. Zack12  |  February 20, 2015 at 7:36 am

    They are quick but not super, super quick.

  • 27. flyerguy77  |  February 20, 2015 at 11:49 am

    Why are some of you keep going on how the 5th COA En Banc will reverse the lower court's decision when we haven't crossed that line yet before 3 panel releases their decision? Personally, we don't need to worry about En-Banc because it'd be too late. Remember June will be here before we know it!!!! ** if 5TH COA decides in our favor, upholding TX, MISS, and reversing LA decisions the stay will be lifted by 5th COA or SCOTUS and en Banc rushes to hear the case and decides quickly I believe SCOTUS will stop en banc's decisiom goes in effect. En-Banc panel can't put a stay? Or maybe they know SCOTUS will reverse their decision soon as they release it..

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