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Posts Tagged ‘lawsuit’

I’m not the only one who thought the state’s response to the birth certificate lawsuit was specious

Actual legal experts didn’t think much of it, either. The state of Texas can’t hide behind sovereign immunity to escape a lawsuit for denying birth certificates to U.S. citizen children of undocumented immigrants, the director of the University of Texas’ Transnational Worker Rights Clinic said Tuesday. That state’s claim of immunity is mere “boilerplate,” said […]

Split decision on cross-state air pollution rule

Not too bad, actually. Texas’ Republican leaders and environmentalists are both claiming victory Tuesday following an appeals court ruling that requires the federal government to ease limits on certain emissions for Texas and a dozen other states. The U.S. Court of Appeals for the D.C. Circuit on Tuesday ordered the Environmental Protection Agency to revisit […]

Judge rules Wilson petitions must be counted

Thanks, Supreme Court. Thanks a hell of a lot. City of Houston officials must count the signatures on a petition filed by anti-gay activist Dave Wilson, who is seeking a vote to amend the city charter and bar men “who perceive or express themselves as women” from entering women’s restrooms, a judge ruled Tuesday. State […]

Woodfill is still pursuing his anti-same-sex benefits lawsuit

From the inbox and the febrile mind of Jared Woodfill: Last year Houston Judge Lisa Millard granted a temporary injunction and ordered Houston Mayor Annise Parker and the City of Houston to immediately stop recognizing same-sex ‘marriages’ and stop providing benefits to the same-sex couples married in other states. Judge Millard stated, “This court does […]

Hall for all the haters

He is who we thought he was. Houston mayoral candidate Ben Hall said Thursday he signed a petition seeking to define gender identity and prevent men “who perceive or express themselves as women” from entering women’s restrooms because he wants to protect the right to vote. Hall’s press conference at his Montrose law firm comes […]

BP settlement cash

Nice. The city of Houston, Harris County and Metro netted $23 million in compensation from BP for revenue they could not collect in the wake of the company’s 2010 Gulf oil spill, officials announced Thursday. Houston will pocket about $12.2 million from the costliest environmental lawsuit in U.S. history to cover hotel and sales tax […]

Supreme Court rules HERO must be repealed or voted on

Ugh. The Texas Supreme Court ruled Friday that Houston City Council must repeal the city’s equal rights ordinance or place it on the November ballot. The ruling comes three months after a state district judge ruled that opponents of Houston’s contentious non-discrimination ordinance passed last year failed to gather enough valid signatures to force a […]

State wants birth certificate lawsuit dropped

I don’t know about that. Texas Attorney General Ken Paxton on Wednesday asked a federal district judge to dismiss a lawsuit that claims a state agency violated the U.S. Constitution by denying birth certificates to U.S.-citizen children of immigrant parents. Attorneys with Paxton’s office said that the Texas Department of State Health Services, which is […]

Paxton concedes FMLA lawsuit

Excellent. Almost a month after the U.S. Supreme Court ruled that same-sex marriage bans are unconstitutional, Texas Attorney General Ken Paxton quietly conceded a case against the federal government over medical leave benefits for certain same-sex couples. Paxton and the attorneys general of Arkansas, Georgia, Louisiana and Nebraska filed a voluntary dismissal on Friday with […]

More on the state’s refusal to issue birth certificates

The Observer follows up. Two legislators have weighed in on the controversy over Texas’ refusal to grant birth certificates to some children of undocumented families. On Wednesday, Sen. Juan “Chuy” Hinojosa, D-McAllen, vice chair of the Senate Committee on Finance, sent a letter to Texas Department of State Health Services Commissioner Kirk Cole, referencing an […]

Lawsuit filed over state refusal to issue birth certificates

I’m sure this won’t be contentious at all. For nearly 150 years, the United States, under the 14th Amendment, has recognized people born here as citizens, regardless of whether their parents were citizens. But Texas has other plans. In the last year, the state has refused to issue birth certificates to children who were born […]

Rusk County Clerk sets an example

I respect this. The Rusk County Commissioners Court on Monday formally accepted the resignation of County Clerk Joyce Lewis-Kugle, apparently the first Texas elected official to quit office rather than abide by the U.S. Supreme Court decision legalizing gay marriage. “Before taking office, I was required to take an oath to uphold the laws of […]

Hempstead landfill update

From the inbox: After several postponements, the Contested Case Hearing on the proposed Pintail Landfill permit has been set for November 2, 2015, in Austin. Assuming no further delays, the case will be heard by two Administrative Law Judges with the State Office of Administrative Hearings (SOAH). The trial is expected to take about two […]

HBU appeals contraceptive case to SCOTUS

Here we go. Houston Baptist University on Wednesday turned to the U.S. Supreme Court in its battle to avoid providing employees with forms of contraception it finds morally objectionable. The appeal of a 5th U.S. Circuit Court of Appeals ruling was filed on behalf of the Houston university, East Texas Baptist University and the Westminster […]

There will be more lawsuits

The lawsuit filed in Hood County to force County Clerk Katie Lang to issue a marriage license to a same sex couple won’t be the last one like it. “We hope and expect that county clerks across Texas and the country will take a look at what happened [in Hood County] and do the right […]

Dave Wilson will never go away

What’s that definition of insanity again? Opponents of Houston’s equal rights ordinance have once again submitted petitions calling for a voter referendum to put a gender identity issue on the ballot in November, but the mayor says it’s not going to happen. Anti-gay activist Dave Wilson showed up at Houston City Hall Thursday with boxes […]

Texas sues the EPA again (and again, and again, and…)

Stop me if you’ve heard this one before. Attorney General Ken Paxton on Wednesday filed a lawsuit over the agency’s rejection of parts of a Texas clean air program, launching the state’s second battle against EPA regulations in less than two weeks. Texas has sued the agency 21 times since President Obama took office in […]

Prepare for your time in the spotlight, Irion County

It’s coming. No same-sex couples have sought a marriage license in Irion County, but if or when they do the county clerk is willing to fight it in court. County Clerk Molly Criner has vowed to stand for “natural marriage” and refuses to issue licenses to same-sex couples. Liberty Counsel, an international nonprofit that says […]

Paxton drops another same sex marriage appeal

Another step forward. Texas Attorney General Ken Paxton plans to dismiss an appeal challenging a Travis County judge’s February ruling that found the state’s ban on gay marriage to be unconstitutional. The U.S. Supreme Court’s June 26 decision declaring gay couples have a fundamental right to marry left no legal controversy to be decided by […]

SOS to review motor voter complaints

I hope this amounts to more than lip service. The Texas Secretary of State has agreed to study why thousands of Texans have complained over the past year and a half that they had problems registering to vote despite a federal law that requires all states to offer voter registration in offices where citizens apply […]

Federal lawsuit filed in Hood County

That sound you hear is the rubber meeting the road. The motion for a temporary injunction and temporary restraining order was filed this morning in Fort Worth federal court on behalf of Soifer’s clients, Jim Cato and Joe Stapleton, who’ve been together for 27 years. The couple has been trying to get a marriage license […]

Here come the lawyers

I don’t see how the squadron of anti-equality attorneys has a case in the wake of Obergfell, but they’re gonna try their best to muck things up anyway. Now, conservative attorneys are gearing up to defend [government employees who refuse to recognize gay marriage because of religious objections], saying they are confident existing laws will […]

Supreme Court to hear school finance appeal in September

Mark your calendars. The Texas Supreme Court will hear oral arguments Sept. 1 in the long-running case challenging the state’s school-finance system. “We are very pleased that the court is moving so expeditiously,” attorney David Thompson, representing the Houston Independent School District, Fort Bend ISD and dozens of others, said Friday. “We think it’s a […]

Clinics consider reopening

There’s a lot of uncertainty in the decisionmaking process, that’s for sure. Abortion providers cheered a move by the U.S. Supreme Court to temporarily block part of a Texas law that would have closed more than half the state’s 19 remaining abortion clinics. Now they are studying whether it could also allow them to reopen […]

Lawsuit threatened in Hood County over clerk’s refusal to issue marriage license

I was beginning to think that none of Texas’ 254 County Clerks were going to attempt to martyr themselves in the name of their “religious freedom” to not issue marriage licenses to same-sex couples. I shouldn’t have worried. Attorneys for a same-sex couple are preparing to sue Hood County Clerk Katie Lang after the couple […]

Now Texas is suing the EPA over its clean water plan

Another day, another anti-environmental lawsuit. It’s what we do. For the 20th time since the Obama administration took office in 2009, the federal Environmental Protection Agency is facing a lawsuit from Texas. Joined by Louisiana and Mississippi, Texas is challenging the “Waters of the U.S.” rule which the EPA finalized Monday. That rule is aimed […]

Texas throws in the towel with the Fifth Circuit

Hallelujah. The 5th Circuit should affirm a lower court ruling that overturned Texas’ long-standing ban on same-sex marriage, Scott Keller, the state’s solicitor general, wrote in a letter to the appellate court. That letter was in response to the appellate court’s request that the state and the plaintiffs advise the court on the next steps […]

On to the benefits

Now that same sex marriage is the law of the land, Texas employers need to make sure that the spousal benefits they offer apply to all spouses. “If an employer provides benefits to anyone who is currently married, they must now treat gay and lesbian employees the same and offer them the exact same benefits,” […]

SCOTUS gives polluters a win

Alas. t emissions of mercury and other hazardous air pollutants, but it may only be a temporary setback for regulators. The justices split 5-4 along ideological lines to rule that the Environmental Protection Agency failed to take cost into account when it first decided to regulate the toxic emissions from coal- and oil-fired plants. The […]

HBU contraceptive coverage decision overturned

Good. The U.S. Court of Appeals for the Fifth Circuit has turned back a challenge brought by several Texas religious organizations that oppose offering insurance contraceptive coverage to their employees, concluding that the plaintiffs have no right to challenge the conduct of third parties. The recent decision also found that U.S. Supreme Court’s controversial 2014 […]

More counties issuing same sex marriage licenses

Montgomery County: Montgomery County Clerk Mark Turnbull said he turned one same-sex couple away on Friday who requested a marriage license, but wound up issuing the license after regular hours on Saturday. He initially refused because he was waiting for clarification from the state on what form to use, but after the courthouse closed Friday […]

SCOTUS puts HB2 back on hold

Good. For now, anyway. The U.S. Supreme Court on Monday sided with Texas abortion providers and temporarily put on hold a ruling that would have closed about half of the state’s abortion facilities. There were 19 abortion providers performing the procedure in Texas as of earlier this month. Abortion restrictions passed by the Texas Legislature […]

Where same sex marriage is still functionally illegal in Texas

Smith County: After a historic Supreme Court ruling, making same sex marriage legal in all fifty states, couples across the country flocked to courthouses to be legally married. Despite the ruling, an East Texas County Court will not be issuing marriage licenses to gay and lesbian couples. Smith County Clerk Karen Phillips said they first […]

A setback for transparency

I don’t care for this. The Texas Supreme Court on Friday limited the public’s right to know about private groups that get government funds. In a 6-3 opinion, the court sided with the Greater Houston Partnership, agreeing that GHP doesn’t have to open its check registers even though it received funds from the city of […]