Hoskins Emergency Motion to Intervene and Contempt

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1 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 Court’s 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 Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 1 of 8

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Hoskins Emergency Motion to Intervene and Contempt

Transcript of Hoskins Emergency Motion to Intervene and Contempt

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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

    Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 1 of 8

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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 8

  • Exhibit A

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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

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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.

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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.

    Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 7 of 31

  • 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 31

  • 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 31

  • 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

  • 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

  • 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 31

  • 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 31

  • \ 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 31

  • 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 31

  • -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 31

  • -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 31

  • 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 31

  • 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 31

  • 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 31

  • 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

    Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 25 of 31

  • 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 31

  • 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 1Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 27 of 31

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    Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 28 of 31

  • EXHIBIT A-2

    Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 29 of 31

  • 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.

    Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 30 of 31

  • 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.

    Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 31 of 31

  • 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

    Case 5:13-cv-00982-OLG Document 104-2 Filed 08/05/15 Page 1 of 2

  • 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

    Case 5:13-cv-00982-OLG Document 104-2 Filed 08/05/15 Page 2 of 2

    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