{{Use American English|date=February 2026}} {{Use mdy dates|date=September 2023}} {{Infobox court case | name = De Leon v. Perry | court = United States Court of Appeals for the Fifth Circuit | caption = '''No. 5:13-cv-982''' | full name = Cleopatra de Leon, et. al., Plaintiffs, v. Rick Perry, in his official capacity as Governor of Texas, et. al. Defendants. | date decided = | citations = | Holding= Texas's ban on same-sex marriage violates the Fourteenth Amendment per Obergefell v. Hodges. | judges = Patrick Higginbotham, Jerry Edwin Smith, James E. Graves, Jr. | prior actions = Judge Orlando Luis Garcia, W.D. Tex., struck down Texas' ban on same-sex marriage. | Majority = Smith, joined by Higginbotham, Graves | subsequent actions = | related actions = | opinions = | keywords = Marriage, Equal Protection, Same-sex marriage, Sexual Orientation }} '''''De Leon v. Perry''''' was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.<ref>{{Cite web |url=http://www.ca5.uscourts.gov/opinions/unpub/15/15-51241.0.pdf/ |title=Archived copy |access-date=2017-05-15 |archive-url=https://web.archive.org/web/20170505124836/http://www.ca5.uscourts.gov/opinions/unpub/15/15-51241.0.pdf |archive-date=2017-05-05 |url-status=dead }}</ref>
The Fifth Circuit heard oral argument on January 9, 2015. The case was still pending in the Fifth Circuit when the U.S. Supreme Court ruled on June 26, 2015, in ''Obergefell v. Hodges'' that the denial of marriage rights to same-sex couples is unconstitutional. On July 1, the Fifth Circuit affirmed the district court judgment in favor of the plaintiffs.
==Background== Article I, Section 32 of the Constitution of Texas, added via referendum as Proposition 2 on November 8, 2005, specifically banned same-sex marriage by definition: "Marriage in this state shall consist only of the union of one man and one woman."
Plaintiffs in the case are Mark Phariss and Victor ("Vic") Holmes, then an unmarried gay couple who wished to marry in-state, and Nicole Dimetman and Cleopatra De Leon, a lesbian couple lawfully married in Massachusetts wanting in-state recognition of that marriage. The lead named plaintiff, Cleopatra De Leon, is a U.S. Air Force and Texas Air National Guard veteran, and in a committed relationship with her wife for 12 years at the time of the filing of the suit. Victor Holmes, a retired United States Air Force major who served almost 23 years, and Mark Phariss, a corporate attorney, were in a committed relationship for 16 years at the time of the filing of the lawsuit.<ref>{{cite web|url=http://www.texasmonthly.com/the-culture/the-accidental-activists/|author=Christopher Kelly|title=The Accidental Activists|publisher=Texas Monthly|date=February 2014}}</ref> On the other end, the lead named defendant is Rick Perry, sued in his official capacity as the Governor of Texas.
==U.S. district court action== On October 28, 2013, the plaintiffs filed suit in U.S. district court, challenging the Texas' same-sex marriage ban. The case was assigned to Federal District Judge Orlando Garcia.<ref>{{cite news|last=Parker|first=Kolten|title=Federal judge sets hearing on Texas same-sex marriage ban |url=http://blog.mysanantonio.com/texas-politics/2013/12/federal-judge-sets-hearing-on-texas-same-sex-marriage-ban/ |accessdate=January 18, 2014|newspaper=mysanantonio.com|date=December 11, 2013}}</ref>
The district judge heard oral arguments on February 12, 2014, forecasting that the issue of same-sex marriage "will make its way to the Supreme Court".<ref>{{cite news|last=Tomlinson|first=Chris|title=Federal judge hears arguments in lawsuit challenging ban on gay marriage in Texas Constitution |url=https://www.usnews.com/news/us/articles/2014/02/12/judge-to-hear-challenge-of-texas-gay-marriage-ban |accessdate=March 10, 2014 |newspaper=U.S. News & World Report|date=February 12, 2014}}</ref> Arguing for the state, Assistant Texas Solicitor General Mike Murphy said: "The purpose of Texas marriage law is not to discriminate against same-sex couples but to promote responsible procreation" and that a heterosexual couple provides the best environment for childrearing.<ref>{{cite news|last=Garrett|first=Robert T.|title=Federal judge hears request to block Texas ban on same-sex marriage|url=http://www.dallasnews.com/news/politics/headlines/20140212-federal-judge-hears-request-to-block-texas-ban-on-same-sex-marriage.ece|accessdate=March 10, 2014|newspaper=Dallas News |date=February 12, 2014}}</ref>
On February 26, Garcia ruled against Texas' ban on same-sex marriage, writing that "Texas' current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason".<ref name="federal lawsuit unconstitutional">{{cite news|last=Brubaker Calkins|first=Laurel|title=Texas Gay-Marriage Ban Held Illegal as Judge Delays Order |url=https://www.bloomberg.com/news/2014-02-26/texas-same-sex-marriage-ban-unconstitutional-federal-judge-says.html |accessdate=9 March 2014|newspaper=Bloomberg News|date=27 February 2014}}</ref> Garcia agreed with the plaintiffs' argument that homosexuals are a suspect class entitled to a more exacting standard of review, heightened scrutiny, but found that the state's arguments fail "even under the most deferential rational basis level of review" regarding equal protection. Regarding due process and the denial of a fundamental right, he wrote that the state's ban must be reviewed under the strict scrutiny standard. He ruled that the state has "failed to identify any rational, much less a compelling, reason that is served by denying same-sex couples the fundamental right to marry".<ref>{{cite web|title=United States District Court for the Western District of Texas Case 5:13-cv-00982-OLG, Doc 73 - ORDER on Preliminary Injunction|url=http://de.scribd.com/doc/209421264/5-13-cv-00982-73|work=United States District Court for the Western District of Texas|publisher=scribd.com|accessdate=11 March 2014|author=Orlando Luis Garcia|date=26 February 2014}}</ref> He stayed enforcement of his ruling pending appeal to the Fifth Circuit Court of Appeals.<ref>{{cite news|last=Garrett|first=Robert|title=Federal judge voids Texas' gay marriage ban, though he delays order from taking effect immediately|url=http://trailblazersblog.dallasnews.com/2014/02/federal-judge-voids-texas-gay-marriage-ban-though-he-delays-order-from-taking-effect-immediately.html/|accessdate=February 26, 2014|newspaper=Dallas News|date=February 26, 2014}}</ref><ref>{{cite news|last=Lindell|first=Chuck|title=Judge overturns Texas ban on gay marriage|url=http://www.statesman.com/news/news/judge-overturns-texas-ban-on-gay-marriage/ndgJG/|accessdate=February 26, 2014|newspaper=Austin American Statesman |date=February 26, 2014}}</ref>
==U.S. Court of Appeals action== Attorney General Greg Abbott said the state would appeal the decision. Governor Rick Perry said: "The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state."<ref name="federal appeal">{{cite news|last=Snow|first=Justin|title=Federal court finds Texas ban on same-sex marriage unconstitutional|url=http://www.metroweekly.com/poliglot/2014/02/federal-court-finds-texas-ban-on-same-sex-marriage.html|accessdate=February 26, 2014|newspaper=Metro Weekly|date=February 26, 2014|url-status=dead|archiveurl=https://archive.today/20140226210252/http://www.metroweekly.com/poliglot/2014/02/federal-court-finds-texas-ban-on-same-sex-marriage.html|archivedate=February 26, 2014}}</ref> On November 24, the plaintiffs asked the district court to lift its stay, noting that the U.S. Supreme Court has denied stays in similar cases and dissolved stays by denying cert in several more.<ref>{{cite web|title=Plaintiffs' Opposed Motion to Lift Stay|url=https://www.scribd.com/doc/248067714/5-13-cv-00982-83|website=Scribd.com|publisher=U.S. District Court for the Western District of Texas |accessdate=November 24, 2014}}</ref> The district court denied that request on December 12.<ref>{{cite news|last1=Contreras |first1=Guillermo|title=Judge: Texas gay marriage ban will remain in place for now|url=http://www.chron.com/news/local/article/Judge-Texas-gay-marriage-ban-will-remain-in-5952889.php|accessdate=December 12, 2014|work=Houston Chronicle|date=December 12, 2014}}</ref> The Fifth Circuit heard oral argument on January 9, 2015, before Judges Patrick E. Higginbotham, Jerry E. Smith, and James E. Graves, Jr.<ref>{{cite news|last1=Colloff|first1=Pamela|title=Fifth Circuit Hears Texas' Same-Sex Marriage Lawsuit|url=http://www.texasmonthly.com/story/fifth-circuit-hears-texas%E2%80%99-same-sex-marriage-lawsuit/page/0/1|accessdate=January 10, 2015|work=Texas Monthly |date=January 9, 2015}}</ref>
On February 12, the plaintiffs asked the Fifth Circuit to lift the stay, citing the refusal of the U.S. Supreme to extend stays in similar Alabama and Florida cases, or at the least lift the stay with respect to plaintiffs De Leon and Dimetman, who expected the birth of their child on March 15 and sought to avoid the adoption process.<ref>{{cite web|title=Plaintiffs' Opposed Motion to Lift Stay of Injunction|url=https://www.scribd.com/doc/255586997/14-50196-Motion-to-Lift-Texas-Stay |website=Scribd.com|publisher=Fifth Circuit Court of Appeals|accessdate=February 12, 2015}}</ref>
The case and the motion to lift the stay was still pending in the Fifth Circuit when the U.S. Supreme Court ruled on June 26, 2015, in ''Obergefell v. Hodges'' that the denial of marriage rights to same-sex couples is unconstitutional. On July 1, the Fifth Circuit affirmed the district court judgment in favor of the plaintiffs.<ref>{{cite web|title=Texas 5th Circuit Opinion|url=http://files.eqcf.org/cases/14-50196-texas-5th-circuit-opinon/|website=Equality Case Files|accessdate=July 1, 2015}}</ref> The ruling of the Fifth Circuit Court required Judge Garcia of the District Court to enter his final judgment on the case by July 17, 2015.<ref>{{cite web|url=https://www.texastribune.org/2015/07/01/texas-concedes-legal-challenge-ban-gay-marriage/|title=Texas Concedes Legal Challenge to Same-Sex Marriage Ban|author=Alexa Ura|publisher=Texas Tribune|date=1 July 2015}}</ref>
Pursuant to the Fifth Circuit's order, the district court entered a final judgment on July 7, 2015, permanently enjoining the State of Texas from enforcing any laws prohibiting any same-sex marriage. Subsequently, in December 2015, the district court awarded more than $605,000 in legal fees and costs to the plaintiffs' law firm, Akin Gump Strauss Hauer & Feld.<ref>{{cite web|url=http://www.texasobserver.org/texas-tab-same-sex-marriage-605000/|title=Texas to Pick Up $605,000 Tab in Same-Sex Marriage Case|author=John Wright|publisher=Texas Observer|date=December 4, 2015}}</ref> The Fifth Circuit affirmed the award of legal fees in a 2-1 per curiam decision on April 18, 2017.<ref name=ine>{{cite web|url=http://www.ca5.uscourts.gov/opinions/unpub/15/15-51241.0.pdf|access-date=17 April 2023|website=uscourts.gov|title=Court document|date=April 18, 2017}}</ref>
==Post-decision==
The plaintiffs, Mark Phariss and Vic Holmes, were later married on November 21, 2015, in Frisco, Texas, at the Westin Stonebriar Hotel after more than 18 years together by former Congressman Charles A. Gonzalez.<ref>{{cite web|url=https://www.nytimes.com/2015/11/22/fashion/weddings/mark-phariss-victor-holmes.html|title=Mark Phariss, Victor Holmes|work=New York Times|date=November 22, 2015}}</ref><ref>{{cite web|url=http://www.expressnews.com/news/local/article/A-wedding-at-last-for-couple-that-challenged-6648944.php|title=A wedding at last for couple that challenged Texas' gay marriage ban|author=Greta Kaul|publisher=San Antonio Express-News|date=November 21, 2015}}</ref> A book about them titled ''The Accidental Activists: Mark Phariss, Vic Holmes, and Their Fight for Marriage Equality in Texas'' by David Collins and published by the University North Texas Press was released in July 2017.<ref>{{Cite book|isbn = 978-1574416923|title = Accidental Activists: Mark Phariss, Vic Holmes, and Their Fight for Marriage Equality in Texas|last1 = Collins|first1 = David|year = 2017}}</ref>
==See also== *Same-sex marriage in Texas *LGBT rights in Texas
==References== {{Reflist}}
{{LGBT in Texas}}
Category:2015 in United States case law Category:United States same-sex union case law Category:LGBTQ in Texas Category:2015 in LGBTQ history Category:Marriage in Texas