Gay Plano Couple Sues to Overturn Texas' Gay Marriage Ban

GayMarriage2Grooms.jpg
Flickr user cpj79
On October 3, a few weeks after celebrating their 16th anniversary as a couple, Vic Holmes and Mark Phariss of Plano walked into the Bexar County Clerk's Office to apply for a marriage license. Their request was was denied, as they knew it would be. Same-sex marriage is still banned under the Texas Constitution.

Though Holmes and Phariss failed to obtain a marriage license, they succeeded in gathering ammunition for a federal lawsuit they filed on Monday in federal court seeking to lift the ban.

"Any person has the legal right to marry another person of the opposite sex, but that right is denied to those citizens who wish to marry another person of the same sex," the complaint says. "This unequal treatment of gay and lesbian citizens is based on longstanding prejudices, and it is repugnant to the United States Constitution."

The court filing proceeds to give a thumbnail sketch of Holmes and Phariss' relationship, as well as that of Cleopatra De Leon and Nicole Dimetman, a lesbian couple from San Antonio who are co-plaintiffs in the suit.

Holmes was in the Air Force and stationed in San Antonio when he met Phariss, an attorney, in 1997. They moved in together after dating for several months but were forced to live apart when Holmes was stationed in San Diego for training to be a physician's assistant.

They continued their relationship long-distance for the next 11 years, only reuniting under the same roof when Holmes retired from the Air Force in 2010. Soon after, they decided to get married.

De Leon was also in Air Force, though her four years of active duty were over by the time she met Dimetman in 2001. They lived together and supported each other while De Leon completed grad school and while Dimetman finished law school. They married in Massachusetts in 2009 and De Leon gave birth to a child three years later, but they are denied the federal and state benefits that accrue to married couples because Texas won't recognize their union.

The couples are asking the court to remedy this by overturning the Texas Constitution's gay marriage ban and similar provisions in the Texas Family Code as unconstitutional.

(h/t Dallas Voice)

My Voice Nation Help
20 comments
hatchcarl
hatchcarl

Not Eve and Adam like in the US either.

txtopnotch
txtopnotch

I am a gay man.  I am married to a lesbian.  I don't love her.  I never did.  She doesn't love me.  She never did.  We have no children.  We don't want any.   We don't live together.  We don't want to.  I live with my same sex partner.  She lives with her same sex partner.   I married her solely to get the married federal tax filing status, which saves me tens of thousands of dollars in income taxes each year.  But because we are man and woman, our marriage is clearly pleasing in the eyes of the Lord.  So here we are, "Adam and Eve."  It is comforting to know that I'm not on the wrong side of God and his teachings.  And heaven forbid I should make a mockery of marriage by marrying my same sex partner, whom I have loved dearly for the past 20 years.

shawn4848
shawn4848

ADAM AND EVE....NOT.........JACK AND JOSE

TexMarine
TexMarine

Holmes was in the Air Force....

No shit.

scottindallas
scottindallas topcommenter

Seems a story with the headline Plano couple would have placed them in Plano at some point, Cali, San Antone, Bexar County. 

ruddski
ruddski

The drive fo QM still faces resistance from blacks, though that resistance, based on God's word, has lessened ever since a Living God came out in favor of. That the living god is a proved big-time liar seems to not matter (probably because the lies sound so good). Once democrats get their most reliable voters back on the plantation, QM has a slightly better chance.

NewsDog
NewsDog

This is getting boring. The various new cases just keep rehashing the same old arguments that are already on the way for SCOTUS to decide this term.  

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

"... DeLeon gave birth three years later ... "


I trust that this was through in-vitro fertilization.

MaxNoDifference
MaxNoDifference

Good luck with the suit.  I think that the state of Texas is covered by the Tenth Amendment in this particular case.

hatchcarl
hatchcarl

Not Eve and Adam either like it is in the US.

ruddski
ruddski

I would have guessed Navy.

scottindallas
scottindallas topcommenter

@ruddski Jesus said nothing about homosexuality, and the Bible references it obliquely. 

Guest
Guest

@MaxNoDifference I think the legal issue before the court will actually be whether the plaintiff's claims are covered under the Fourteenth Amendment.  If they are, it would kinda trump any Tenth Amendment justification the sate could muster since a later-adopted amendment abrogates a prior amendment to the extent the prior amendment is incompatible with the later one.  That's why they are called "amendments."

if6were9
if6were9

@MaxNoDifference I think the state of Texas is better covered(IMHO) under the bigot and societal repressed amendment in this particular case.....but that's just my novice interpretation of things. 

ruddski
ruddski

I wouldn't know, but some feel they do.

ruddski
ruddski

They sued to have the gestation period lengthened.

NewsDog
NewsDog

@Guest @MaxNoDifference  Guest, Loving v Virginia already decided that.  I think the bigger question is whether the Court will tweak Loving to decide if a homosexual relationship is guaranteed the same rights as a heterosexual one.

Now Trending

Dallas Concert Tickets

From the Vault

 

General

Loading...