john allen stone-hoskins' emergency motion to intervene

8/20/2019 John Allen Stone-Hoskins' Emergency Motion to Intervene

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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 ANDFOR 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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Fifth Circuit affirmed this Court’s 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 John’s 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 Court’s 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 John’s 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 so—even 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 husband’s death certificate. No less is required under the

United States Constitution and this Court’s order of permanent injunction.



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To remedy Paxton and Cole’s continued failure to comply with the Court’s 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 James’s 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 Court’s Obergefell decision, on June 27, 2015, John began

requesting that the State of Texas correct James’s death certificate to recognize that the two were

legally married and to recognize him as James’s 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 James’s death certificate corrected to

reflect John as James’s surviving spouse, Defendants refuse to make this correction—thus

refusing to recognize John and James’s 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 court’s ruling to determine what, if any, changes areneeded 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 pendingfile 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 James’s lawful out-of-state marriage

and refuse to correct James’s death certificate. Thus, Defendants continue to prevent John from

gaining title to James’s 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 court’s 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 John’s claim because his claim raises questions under the

Constitution of the United States.

John’s 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 Circuit’s 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 court’s desegregation order:

[Intervenor defendant] also challenges the district court’s reopening of an

administratively closed case and its allowance of [Intervenor’s] motion to

intervene to enforce [the desegregation order]. Because a district court mayreopen an administratively closed case sua sponte . . . we find no abuse of

discretion in the district court’s timing and decision to reopen the case. Likewise,

the court did not abuse its discretion in permitting [Intervenor] to intervene, as

Hearne challenged [Defendant’s] action under [the desegregation order], which isa still-effective decree.

Texas, 457 F.3d at 476.

Accordingly, this Court should allow John to permissively intervene in this case to

enforce this Court’s Order pursuant to the Fourteenth Amendment of the United States

Constitution and the Supreme Court’s Obergefell decision.



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II. MOTION FOR CONTEMPT

On June 26, 2015, as a result of the Supreme Court’s 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 UnitedStates Constitution and 42 U.S.C. § 1983 . . . . Defendants are permanently

enjoined from enforcing Texas’s laws prohibiting same-sex marriage . . . .

[Docket No. 98 (emphasis added)].

Despite this Court’s Order, Defendants continue to refuse to recognize same-sex

marriages. Specifically, the DSHS continues to refuse to correct James’s death certificate to

recognize James and John’s lawful same-sex marriage. This directly violates this Court’s Order

enjoining Defendants from enforcing Texas’s 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 Court’s 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 James’s death certificate falls squarely and clearly within that right, as

contained in this Court’s 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 James’s

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 78205Phone: (210) 281-7000

Fax: (210) 224-2035

Andrew F. Newman (SBN 24060331)

[email protected] Pacific Ave., Suite 4100

Dallas, Texas 75201Phone: (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 viathe Court’s 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.



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Exhibit A

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


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IN THE UNITED STATES DISTRICT COURT

FOR

THE WESTERN

DISTRICT OF

TEXAS


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 capaci ty 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 capaci ty 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 he Form VS-172 and all supporting documentation that I submitted

to the DSHS on July 9, 2015 is attached hereto as

xhibit

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 xhibit 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 he 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.

10 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.

J ~ ~ L . . . l

Executed

on /T A ~ ~ ~ 0 1 5

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: he 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

mendment

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 BOVE 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 ofState 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,




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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 temporari ly stayed.

The

marriage

occurred on ugust

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 Hosk ins.



17/39

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]

V e r r T r u i ~

{

[ : ; l i en

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 istrict Court Western

istrict

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,




18/39

Mall application, supporting document(&), and the statutory

filing

fee

of

15.00

to

the address below. This fee does

not

Include

the

cost

o f

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.

~ ~ T E X S

Texas Vital Stati stics Deparbnent of State Health Services

··

Oep vtme P.O. BOX 12040 Austin, Texas 78711-2040

SI 11 e a : : ~ ; . . . .

APPLICATION T 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

l ~ /

II

I

'

ART 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

IVEN NAME

8.

Never Married Married

9

17.

PART

Ill.

THIS SECTION MUST BE

CERTIFICATE.

THIS : t t : : t • n i ' I ~ A I

EMPTY

John Allen Stone-Hoskins, V

John Allen Hoskins V Significant Other

John Allen Stone-Hoskins, V, Husband

FRD WTOFPERSON LKNOWLEDGE

THE INFORMANT, PHYSICIAN, OR FUNERAL DIRECTOR WHO SIGNED THE ORIGINAL DEATH

BE

SIGNED IN THE PRESENCE OF A NOT RY 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



19/39

PART V. EXAMPLES OF CORRECTIONS AND TYPES OF DOCUMENTS REQUIRED. GENERALLY, THE AFFIDA VIT 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 a re requi red .................................................

C. CHANGES IN INFORMATION

[1] Relating to Deceased

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 documen t

Affidavit

of

informant

or

relative and one docu ment

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)

P A t > t ~ , . f A . /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

o

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



20/39

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 o 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

Certi f icate 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 Affidavit o John Allen Stone-Hoskins V

RE:

Affidavit in Support o VS-172

State File Death Certificate

142-1 5-007851 James Henry Stone as filed January 2015.



21/39

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 eleon

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 eleon 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

Affidavit o John Allen Stone-Hoskins V RE Affidavit

in

Support o VS-172 ,

State File Death Certificate 142-1 5-007851 James Henry Stone as filed January 2015.



22/39

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

~ . . ~ v t . ~ ~

/ A _ ' ' ~

015

. ' e t - • , . BOBBY LEE NOVAKOSKY

-----

·

~ Notary P u b l i ~ . State of

Texas

\ 4 ~ ~ . ; - 1 '

My

Commtssion Expires

~ J ~ ~

August

15 16

My Commission Expires

Page

3 of 3

ffidavit of

John Allen Stone-Hoskins, V RE: ffidavit in

Support

of VS-172 ,

State File Death Certificate

142-1 5-007851 James Henry Stone as filed January 2015.



23/39

o..•tar·· ·

This is a true and correct reproduction

of th

original record as recorded in

this

office. Issued under

authority of Section 191.051, Health

and

sar ty

COde .

I '

~ ~ c ~

·

ISSUED ~ ~ · · · ~

" \'II M.DltE

Fl HARAI

8 1 A T E ~



24/39

\

I

No 1562

PPLIC TION

FOR M RRI GE 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 hia

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

978 Date

of Birth April

22

982

Place of Birth

--'PuM:H>tiS..._,JX..._.U..,.SArn._

______ iace

of

Birth

MOUNTAIN

HOME AR USA

P nt

Address 8 7

('..tfTNIN.STEu:rRL-

__________

C H R I S T l ~

REECE

~ ~ ~ H N m u A ~ I ~ I E ~ N L M r n D U S ~ K y l N $ ~ x V

_____

p o u s e ~ ~ - - - - - - - - - - - - - - - - - - S p o u s e

Rec:orded this 29TH day of __ ~ t . , . J G . . . , . I S ; u T c _ _______ A.D.

____20Y__

at

12·54

M.,

Book :Ao14

Page No 1562

B y e _ ~

Deputy



25/39

THIS

IS A CERTIFIED COPY OF

N

ORIGINAL DOCUMENT

This i s to ce r t i f y tha t the above i s

an

exact reproduct ion of the

o r ig ina l c e r t i f i c a t e

which

i s on f i l e

in

t h i s

of f i ce

and

of

which

I

am

l ega l custodian. In tes t imony whereof witness my hand

and

sea l

of

of f i ce

a t Li t t l e Rock Arkansas. Do not

accept

i f

r ephoto-

graphed or i f

s ea l

cannot

be

f e l t .

DE 3 1986

~ ~ ( . ~ ~ ·

D TE

EGISTRAR



26/39

Sf DOJt

NEW MEXI O

"

COUNTYOF

SANUR

I HEREBY CERTIFY that on the : L " e i ~ day of ~ \ A : ) ± : ,

a t ~ , ~ · · - ' - . ~ ~

C e r r i l t ~

in said County and State, I, the undersigned, a

Lv.·

,.,;_,\cr

did join in

r ( ~

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 ·' ····

\·

o · · ~ \ ~

~ : J b , - ·.,

:·' C::······

f'f'

: ~ . · · : r . f > \ and

JAMES HENRY STONE of CONROE, TX, USA

/ M

~ ~ · · · \_·

. . .

WITNES.S my hand

and

seal the

day

and year last above written

~ t i

. .

; ~ ' ¥ ,1 t n e s ~ s ~ s . · r \

J o ~ ( i \ «: . . . .

·

~ \ ~ A fiJ:j · · . ==. - - = = - - ~ = . - = . ; = . . . : = . _ - = =

"·-9• f ~ l h · ·· · ·

···

·· .·· ·

\ / ~ ~ · ~ . ~ I N E

$ ~ ~ - ~ ~ ~

· · ·

: .

OL.C...

>


27/39

Page 1 o 1

https://scontent dfw1 1.xx.fbcdn.netlhphotos xtpllv/t1.0 9/11350456

_

020599278763520... 6/26/2015



28/39

-

case 5:13-cv-00982-0LG Document 97 Filed 06/29/15 Page 1

~ ~ LE

JUN 9 2 15

IN THE UNITED STATES COURT OF APPEALS

CL •

WESTERN

FOR THE FIFTH CIRCUIT

uv_ _ _ _ _ ~ ~ ~ H

No. 14-50196

United States

oun

of Appeals

Fifth Circuit

FILE

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

J U G M E N T

This cause was considered on

the

record on

appeal and was argued

by

counsel.

t

is

ordered

and

adjudged

that

the judgment of

the District

Court

is

affirmed

and

remanded

U



29/39

-

Case 5:13 cv 00982 0LG Document

9

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

C

Clerk U.S.

t ~ r t

of p p ~ Fifth Circuit



30/39

Case 5:13 cv 00982 0LG Document

9

Filed 06/26/15 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE

WESTERN DISTRICT OF TEXAS


CLEOPATRA DE LEON, et al.

Plaintiffs,

v.

F\LE

§

§

§

§

§

§

§

§

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.

t

is so ORDERED.

SIGNED this 7} J day

of

June, 2015.

United States District Judge Orlando

L.

Garcia



31/39

Case: 14 50196 Document: 00513102239 Page: 1 Date Filed: 07/01/2015

IN THE UNITED ST TES COURT OF PPE LS

FOR THE FIFTH CIRCUIT

No. 14-50196

United States Court o Appeals

Fifth Circuit

FILE

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 o



32/39


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 m ~ c ~

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.

aker

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 o 9



33/39

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

qu

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

f 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

o

9



34/39


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 o 9



35/39

U N I T E D

S T A T E S

D I S T R I C T

C O U R T

F f t E D

F O R

T H E

W E S T E R N

D I S T R I C T

O F

T E X A S

S A 1 A 1 N 1 U 1 N I I J

J ) I V I S I I J I N

J U L

0 7

2 0 1 5

C L E R K ,

U . S .

D S 1 R I L

C C F

C L E O P A T R A D E

L E O N ,

e t

a l .

§

W E S T E R

D t j C T

O F

T E X

P l a i n t i f f s ,

§

E

P U

T V

§

v .

§

§

C a u s e N o .

S A - 1 3 - C A - 0 0 9 8 2 - O L G

R I C K

P E R R Y , i n h i s

o f f i c i a l

c a p a c i t y

a s

§

G o v e r n o r

o f t h e

S t a t e o f

T e x a s , e t a l . ,

§

D e f e n d a n t s .

§

F I N A L

J U D G M E N T

O n

J u l y 1 , 2 0 1 5 ,

t h e

F i f t h

C i r c u i t

a f f i r m e d

t h i s

C o u r t s g r a n t o f

a p r e l i m i n a r y

i n j u n c t i o n

a n d i s s u e d

a m a n d a t e

f o r

t h i s

C o u r t t o e n t e r

j u d g m e n t

i n

f a v o r o f

P l a i n t i f f s

i n

t h i s

c a s e .

S e e

D e

L e o n v .

A b b o t t ,

N o .

1 4 - 5 0 1 9 6 ,

2 0 1 5

W L

4 0 3 2 1 6 1 ,

F . 3 d

( 5 t h C i r .

2 0 1 5 ) .

I n l i g h t o f

t h e

U n i t e d

S t a t e s

S u p r e m e

C o u r t s

d e c i s i o n

i n O b e r g e f e l l

v .

H o d g e s ,

N o .

1 4 - 5 5 6 ,

2 0 1 5

W L

2 4 7 3 4 5 1 ,

U . S .

( 2 0 1 5 ) , a n d

p u r s u a n t

t o t h e F i f t h

C i r c u i t s

m a n d a t e ,

t h e

C o u r t

h e r e b y

e n t e r s

j u d g m e n t i n

t h i s c a s e .

I t i s

h e r e b y

O R D E R E D ,

A D J U D G E D , a n d

D E C R E E D t h a t :

1 )

A n y T e x a s l a w

d e n y i n g

s a m e - s e x

c o u p l e s

t h e

r i g h t

t o

m a r r y ,

i n c l u d i n g

A r t i c l e

I , § 3 2

o f

t h e

T e x a s

C o n s t i t u t i o n ,

a n y

r e l a t e d

p r o v i s i o n s

i n t h e

T e x a s

F a m i l y

C o d e , a n d a n y

o t h e r l a w s

o r

r e g u l a t i o n s

p r o h i b i t i n g

a

p e r s o n

f r o m

m a r r y i n g

a n o t h e r

p e r s o n o f

t h e

s a m e s e x

o r

r e c o g n i z i n g

s a m e - s e x

m a r r i a g e ,

v i o l a t e

t h e D u e

P r o c e s s

a n d

E q u a l

P r o t e c t i o n

C l a u s e s o f t h e

F o u r t e e n t h

A m e n d m e n t

t o t h e

U n i t e d

S t a t e s

C o n s t i t u t i o n

a n d 4 2

U . S . C .

§

1 9 8 3 ;

2 )

D e f e n d a n t s

a r e

p e r m a n e n t l y

e n j o i n e d

f r o m e n f o r c i n g

T e x a s s l a w s

p r o h i b i t i n g

s a m e -

s e x m a r r i a g e ;

a n d

3 )

A n y

t a x a b l e c o s t s

i n

t h i s

c a s e

a r e

a s s e s s e d a g a i n s t

t h e D e f e n d a n t s .

I t i s s o

O R D E R E D .

S I G N E D t h i s

7

d a y o f

J u l y ,

2 0 1 5

/ 1

L

U n i t e d

S t a t e s

D i s t r i c t J u d g e

O r l a n d o L .

G a r c i a

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


36/39

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37/39

EXHIBIT A-2



38/39

1

J. Stone-Hoskins

From: Brown,Cynthia (DSHS)

Sent: Friday, July 17, 2015 9:05 AM

To: [email protected]

Cc: 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

Dear J. Hoskins,

Thank you for your inquiry. 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 court’s 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 know the impact if any, on 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.

Sincerely,

Cindy BrownManager, Supplemental RegistrationVital Statistics UnitDirect: 512-776-7482, Fax: 512-776-7109Toll Free: 888-963-7111 ext. [email protected]

From: Farinelli,Victor (DSHS)Sent: Wednesday, July 15, 2015 7:27 AMTo: Cochran,Belinda (DSHS); Bates,Teresa (DSHS); Brown,Cynthia (DSHS)

Cc: DL DSHS VSU Field ServicesSubject: FW: Amended Death Certificate- Same Sex MarriageImportance: High

See Below and attached

------

Victor A. Farinelli,

Communications/Field Services Manager

Texas Department of State Health Services, Vital Statistics Unit

512‐776‐7368 [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

The following documentation was received by the Bureau of Vital Statics for expedited service on Friday July 10, along

with the fee of $46.00.

A copy and a certified sealed copy of the marriage certificate, along with all of the documentation in the 2 MB PDF Texas

DSHS VS172 SENT TO AUSTIN was submitted.



39/39

I appreciate a prompt response from the Bureau.

From: J. Stone‐Hoskins [mailto:[email protected]]

Sent: Tuesday, July 7, 2015 4:49 PM

To: '[email protected]'

Subject: RE: Amended Death Certificate‐ Same Sex Marriage

Importance: High

Noticed the VS‐172 failed to attach.

Please provide information as to the documentation required to make this amendment occur.

John A. Stone‐Hoskins

From: J.Hoskins [mailto:[email protected]]

Sent: Tuesday, July 7, 2015 11:56 AM

To: '[email protected]'

Subject: Amended

Death

Certificate

‐Same

Sex

Marriage

Importance: High

I am attaching a letter that was originally being sent to the Bureau of Vital Statistics with the accompanying required

documentation for the amendment of a death certificate utilizing the VS‐172.

I spoke to the Deputy General Counsel last Monday, who advised me to give the Department 1 week to comply with the

Supreme Court decision, as well as DeLeon v. Perry, Abbott and the Texas Department of State Health Services, and now

the ruling of the 5th Circuit Court of Appeals, affirming all of the Federal Court actions, including that of Judge Garcia,

who was the presiding Federal Judge.

What

forms

and

documents

are

you

going

to

require?

Can

I

submit

on

a

VS‐

172?

Attached is the letter that has been prepared to send to the Bureau of Vital Statistics. While I understand marriage has

been a big issue for your Department, there has been nearly 2 weeks to implement any policy changes.

I am consulting with legal counsel, and do not want to go through unnecessary delays or additional legal proceedings.

Please inform me what documentation I must submit to get the death certificate amended, as we were a legally married

same‐sex couple (although at the time it was not recognized by Texas law), which has since been nullified and ruled

unconstitutional by the entire Federal Judiciary.

I myself am suffering from a terminal illness, and wish to have this done forthwith.

I appreciate a prompt response in this matter. I have spoken to the amendments section, and was directed to send this

to your unit. Please respond within 5 business days to avoid potential litigation. I waited at the request of the Deputy

General Counsel. I need directions as to the VS‐172 and documentation that is required. Attached is a copy of the VS‐

172 (not notarized).

I have the supporting affidavits and certified marriage license documents, etc. I have over 50 pages to submit to the


john allen stone-hoskins' emergency motion to intervene

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