Federal judge sets hearing for February in lawsuit challenging Texas’ bans on same-sex marriage
A federal district judge has set a hearing for February in the lawsuit challenging Texas’ bans on same-sex marriage.
Federal District Judge Orlando Garcia will hear arguments on the plaintiffs’ motion seeking a preliminary injunction that would bar the state from enforcing the bans pending a trial.
The plaintiffs — gay couple Mark Phariss and Victor Holmes of Plano, and lesbian couple Cleopatra DeLeon and Nicole Dimetman of Austin — filed the lawsuit in October alleging that the marriage bans violate the U.S. Constitution. The motion for a preliminary injunction was filed in November.
The hearing will be at 9:30 a.m. on Feb. 12 at the John H. Wood, Jr. United States Courthouse in San Antonio. Even if Garcia, a Bill Clinton appointee, grants the motion, the decision could be immediately appealed to the 5th Circuit U.S. Court of Appeals.
Defendants in the lawsuit include Gov. Rick Perry, Attorney General Greg Abbott, Bexar County Clerk Gerard Rickhoff and David Lackey, commissioner of the Texas Department of State Health Service.
More at http://www.lonestarq.com/judge-sets-hearing-february-lawsuit-challenging-texas-bans-sex-marriage/ .
Cross-posted in LGBT Group.
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