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Posts Tagged ‘Fifth Circuit Court of Appeals’

Cleo and Nicole

You should read this Texas Monthly feature story on Cleopatra de Leon and Nicole Dimetman, two of the plaintiffs in the lawsuit to overturn Texas’ ban on same sex marriage. But it is children— their children—that prompted Cleo and Nicole to file a lawsuit in the first place. Their suit argues that “responsible procreation” ignores […]

Justice Department files request for stay on immigration ruling

As expected. The U.S. government asked a federal judge Monday to lift his temporary hold on President Barack Obama’s action to shield millions of immigrants in the country illegally from deportation. The Justice Department’s motion for a stay was filed with the court of U.S. District Judge Andrew Hanen in Brownsville, Texas. The federal government […]

Same sex marriage plaintiffs ask Fifth Circuit to lift the stay

They’ve got a strong case, based on recent SCOTUS action. Attorneys for two gay couples are asking a federal appeals court to allow same-sex marriages to begin in Texas immediately. In a motion filed Thursday, attorneys for the couples asked the 5th U.S. Circuit Court of Appeals to lift a district judge’s stay of his […]

Oklahoma, where the same-sex weddings come sweeping down the plain

One of the most commonly made arguments for expanded gambling in Texas is that as long as we don’t have casinos, Texans will travel to neighboring states to spend their gambling dollars there. Well, that same argument can be made for same sex weddings, too. More than 3,000 same-sex couples have married in Oklahoma since […]

The last time Texas was in the minority on a marriage issue

Those who forget the lessons of history are likely to get an unfavorable SCOTUS ruling crammed down their throats. As the U.S. Supreme Court takes up the issue of same-sex marriage, Texas once again finds itself on the lonely side of a court fight involving the right to marry. Almost 50 years ago, Texas was […]

SCOTUS will take up same sex marriage

This is it. The Supreme Court announced on Friday that it will take up four cases challenging state bans on same-sex couples’ marriages — a long anticipated move that could lead to nationwide marriage equality. The cases ask the justices whether Kentucky, Michigan, Ohio, and Tennessee bans on same-sex couples’ marriages and bans on recognition […]

The Fifth Circuit finally hears the same sex marriage appeal

I am very cautiously optimistic. Signaling significant doubt about the constitutionality of Texas’ ban on same-sex marriages, two federal appeals judges on Friday questioned a state attorney’s argument that marriage is a “subsidy” that the state has the right to grant and withhold. In sharp exchanges with two judges of the U.S. 5th Circuit Court […]

Shoveling sand against the same sex marriage tide

Rep. Cecil Bell is threatening to hold his breath till he turns purple if those nasty federal courts give the go ahead to same sex marriage in Texas. State or local government employees giving out same-sex marriage licenses would stop receiving their salaries under a bill filed Wednesday for the 84th legislative session. Titled the […]

What do we expect from the Fifth Circuit and SCOTUS on same sex marriage?

Some people are very optimistic. Same-sex marriage will arrive in Texas before Easter, according to an attorney for two couples who are challenging the state’s marriage bans in federal court. Daniel McNeel Lane Jr., of Akin Gump Strauss Hauer & Feld in San Antonio, made the prediction as he prepared for oral arguments in the […]

The Fifth Circuit hears the HB2 arguments

Maybe it’s not a slam dunk for HB2, though I refuse to get my hopes up. In a long line of tough questioning Wednesday over a new Texas abortion law, federal appeals judges here questioned whether part of a provision requiring abortion facilities to meet hospital-like standards should be struck down. The possibility that the […]

Meet the judges

Not a bad panel, all things considered. Judges Patrick Higginbotham of Dallas, Jerry Smith of Houston and James Graves Jr. of Jackson, Miss., will sit on a panel that will hear appeals from state officials in Texas and Mississippi of lower-court rulings that overturned the two states’ gay marriage bans. In the Louisiana case, U.S. […]

Trib overview of the same sex marriage appeal

Less than three weeks till the appeal is heard by the Fifth Circuit. Fourteen states allowed same-sex marriage when Cleopatra De Leon and Nicole Dimetman filed a lawsuit late last year challenging Texas’ constitutional ban on marriages that are not between a man and a woman. The couple, married in Massachusetts in 2009, lives in […]

Same sex marriage will have to wait for the Fifth Circuit

Bummer. A federal judge has refused to permit immediate same-sex marriages in Texas, saying he expects they will be allowed some day but he doesn’t want to act precipitously. U.S. District Judge Orlando Garcia on Friday rebuffed a request by same-sex couples Mark Phariss and Victor Holmes of Plano and Cleopatra De Leon and Nicole […]

Voter ID plaintiffs want Fith Circuit to get on with it

Some more unfinished business for the courts. Some plaintiffs challenging Texas’ voter ID law want a federal appeals court to speed up its consideration of the case, looking to sort it out before the next wave of elections in the state. In a court document filed Wednesday, the plaintiffs note that 5th U.S. Circuit Court […]

Abbott responds to motion to lift same-sex marriage ruling

He’s against it. Try not to be surprised. Texas officials want a federal judge to uphold the state’s same-sex marriage ban, calling a request by gay couples to be allowed to immediately marry “untimely” and “out of order.” “The plaintiffs offer no explanation for why they waited so long to file their motion,”Attorney General Greg […]

Fifth Circuit sets their schedule

Mark your calendars. The Fifth Circuit Court of Appeals will hear oral arguments about the constitutionality of Texas’ tough new abortion restrictions on Jan. 7. The law passed in 2013, known as House Bill 2, banned abortions after 20 weeks of pregnancy, placed heavy new restrictions on clinics and doctors who perform the procedure and […]

Texas same-sex marriage plaintiffs ask for stay to be lifted

I wish them luck. Two same-sex couples have asked U.S. District Judge Orlando Garcia of San Antonio to allow gay marriages to begin taking place immediately in Texas. On Monday, couples Mark Phariss and Victor Holmes of Plano and Nicole Dimetman and Cleopatra De Leon asked Garcia to lift a stay he imposed this winter […]

Texas For Marriage

This. Law enforcement officials, state legislators, faith leaders and a great-grandmother are among those lending their voices to a new campaign to bring marriage equality to Texas. The national group Freedom to Marry plans to spend $200,000 on the campaign launched Tuesday, in advance of oral arguments before the 5th U.S. Circuit Court of Appeals […]

Fifth Circuit to hear HB2 appeal in January

Gird your loins. A federal appeals court has scheduled oral arguments about the constitutionality of Texas’ tough new abortion law for the first week of January, setting up a rapid timeline that may accelerate the case’s expected trip to the U.S. Supreme Court. Solicitor General Jonathan Mitchell and lawyers representing abortion providers are planning to […]

Sixth Circuit stands up for inequality

It was bound to happen eventually. Remember the big no-decision decision the Supreme Court issued on same-sex marriage just a month ago? The justices were asked — in five separate cases no less — to weigh in on whether same-sex couples have a constitutional right to marriage. The Supreme Court demurred on the question, which […]

UT/Trib poll says Texans would be fine with same sex marriage

A result of interest from the most recent UT/Trib poll: Registered Texas voters narrowly oppose same-sex marriage, but a large majority is open to allowing either marriage or civil unions to gays and lesbians, according to the latest University of Texas/Texas Tribune Poll. Asked whether those couples should be allowed to marry, 42 percent say […]

The Fifth Circuit is in no hurry to rule on same sex marriage

Such a show of courage on their part. The Fifth Circuit Court of Appeals tentatively has scheduled oral arguments in the Texas and Louisiana gay marriage cases for early January, disappointing local advocates and possibly delaying until 2016 a hearing by the U.S. Supreme Court. Texas gay marriage advocates were disappointed with the Monday announcement. […]

The larger issue on voter ID

The Trib reminds us that there are bigger questions that remain to be answered in the voter ID litigation. The litigation on the state’s voting district maps for legislative and congressional elections is still underway, and the treatment of minority voters and their ability to elect the candidates they choose is at the center of […]

On Greg Abbott and who gets to get married

As you may have heard, Peggy Fikac got to ask Greg Abbott the obvious question about how exactly the state’s law against same-sex marriage, which Abbott is diligently defending in court, differs from the old laws that once banned interracial marriage, and would he have defended those as well since he claims he’s just doing […]

SCOTUS declines to intervene on voter ID

Unfortunate. The Supreme Court said Saturday that Texas can use its controversial new voter identification law for the November election. A majority of the justices rejected an emergency request from the Justice Department and civil rights groups to prohibit the state from requiring voters to produce certain forms of photo identification in order to cast […]

Voter ID plaintiffs turn to SCOTUS

Last train, y’all. Texas plaintiffs on Wednesday asked the U.S. Supreme Court to block the state’s voter photo ID law in November’s election. “The facts of this case, including record evidence, show that significantly more voter confusion will result from granting the stay (and thus enforcing Texas’s Senate Bill 14) than would result from reinstating […]

The courts giveth, and the courts taketh away

As expected, the Fifth Circuit lifts the stay on the district court’s voter ID ruling, paving the way (for now) for it to be enforced in November. Texas should require photo voter identification in this year’s general election, the 5th U.S. Circuit Court of Appeals ruled Tuesday, overturning an earlier ruling by a federal district […]

Abbott’s appellate response brief is the same old junk

Pathetic. Attorney General Greg Abbott says Texas’ same-sex marriage ban should remain in place because legalizing it would do little or nothing to encourage heterosexual couples to get married and have children. Writing in a brief filed to the 5th U.S. Circuit Court of Appeals on Friday, Abbott said the state was not obligated to […]

Voter ID plaintiffs ask for no stay

They’ve filed their response to the Fifth Circuit. Attorneys challenging Texas’ voter ID law — which was struck down by a federal judge on Thursday — asked a federal appeals court on Sunday not to allow the state to enforce the law. In a brief filed with the U.S. 5th Circuit of Appeals, lawyers for […]

More on the voter ID ruling

As always with big court cases, the first question is who benefits politically from the decision? With a federal judge having declared Texas’ voter ID unconstitutional, Democrats and political experts on Friday predicted the surprise decision potentially could help Wendy Davis in the upcoming Nov. 4 general election. Republicans blasted the decision but said they […]

Court strikes down Texas voter ID law

Boom. Less than two weeks before the start of early voting, a federal judge ruled the state’s photo voter ID law unconstitutional late Thursday and ordered state officials to drop the new requirements. “The Court holds that SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics […]

HB2 plaintiffs ask SCOTUS for review

Be careful what you ask for. After a federal appeals court ruled that the state could temporarily enforce new requirements for abortion facilities, Texas abortion providers are looking to the U.S. Supreme Court. On Monday, attorneys for the abortion providers challenging the state’s House Bill 2 filed an emergency application asking the Supreme Court to […]

Other AGs for same sex marriage

Wouldn’t it be nice to have someone like one of these 15 Attorneys General representing Texas? A majority of the states that have legalized same-sex marriage are throwing their support behind two couples fighting Texas’ ban, arguing their own experiences show only positive effects from expanding the right to gays and lesbians. [Last] Monday, the […]

Texas same sex marriage plaintiffs want the get oral arguments scheduled

They would like to get on with their lives, if it’s not too much trouble to Greg Abbott and the Fifth Circuit. Austin lawyer Nicole Dimetman is pregnant and expects to give birth for the first time on March 15, lawyers trying to overturn Texas’ gay-marriage ban announced Sunday. “The need for justice and equality […]