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Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 1 of 8

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.

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.

CIVIL ACTION NO. 5:13-cv-982-OLG

JOHN ALLEN STONE-HOSKINS EMERGENCY MOTION TO INTERVENE AND


FOR 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 Courts 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
1

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 2 of 8

Fifth Circuit affirmed this Courts 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 Johns 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 Courts 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 StoneHoskins. 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 Johns 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 soeven 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 husbands death certificate. No less is required under the
United States Constitution and this Courts order of permanent injunction.

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 3 of 8

To remedy Paxton and Coles continued failure to comply with the Courts 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 Jamess 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 Courts Obergefell decision, on June 27, 2015, John began
requesting that the State of Texas correct Jamess death certificate to recognize that the two were
legally married and to recognize him as Jamess 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 Jamess death certificate corrected to
reflect John as Jamess surviving spouse, Defendants refuse to make this correctionthus
refusing to recognize John and Jamess 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 samesex spouse):
3

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 4 of 8

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 courts 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 to know the impact if any, of 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.
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 Jamess lawful out-of-state marriage
and refuse to correct Jamess death certificate. Thus, Defendants continue to prevent John from
gaining title to Jamess 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 courts 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-of4

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 5 of 8

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 Johns claim because his claim raises questions under the
Constitution of the United States.
Johns 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 Circuits 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 courts desegregation order:
[Intervenor defendant] also challenges the district courts reopening of an
administratively closed case and its allowance of [Intervenors] motion to
intervene to enforce [the desegregation order]. Because a district court may
reopen an administratively closed case sua sponte . . . we find no abuse of
discretion in the district courts timing and decision to reopen the case. Likewise,
the court did not abuse its discretion in permitting [Intervenor] to intervene, as
Hearne challenged [Defendants] action under [the desegregation order], which is
a still-effective decree.
Texas, 457 F.3d at 476.
Accordingly, this Court should allow John to permissively intervene in this case to
enforce this Courts Order pursuant to the Fourteenth Amendment of the United States
Constitution and the Supreme Courts Obergefell decision.

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 6 of 8

II.

MOTION FOR CONTEMPT

On June 26, 2015, as a result of the Supreme Courts 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 United
States Constitution and 42 U.S.C. 1983 . . . . Defendants are permanently
enjoined from enforcing Texass laws prohibiting same-sex marriage . . . .
[Docket No. 98 (emphasis added)].
Despite this Courts Order, Defendants continue to refuse to recognize same-sex
marriages. Specifically, the DSHS continues to refuse to correct Jamess death certificate to
recognize James and Johns lawful same-sex marriage. This directly violates this Courts Order
enjoining Defendants from enforcing Texass 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 Courts 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

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 7 of 8

constitutional right to have his marriage recognized by the State of Texas, and the recognition of
their marriage in Jamess death certificate falls squarely and clearly within that right, as
contained in this Courts 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 Jamess
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)
nlane@akingump.com
Matthew E. Pepping (SBN 24065894)
mpepping@akingump.com
300 Convent Street, Suite 1600
San Antonio, Texas 78205
Phone: (210) 281-7000
Fax: (210) 224-2035
Andrew F. Newman (SBN 24060331)
anewman@akingump.com
1700 Pacific Ave., Suite 4100
Dallas, Texas 75201
Phone: (214) 969-2800
Fax: (214) 969-4343
Attorneys for Intervenor
7

Case 5:13-cv-00982-OLG Document 104 Filed 08/05/15 Page 8 of 8

CERTIFICATE OF SERVICE
I certify that on August 5, 2015, I served all parties a copy of the foregoing document via
the Courts 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.

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

Exhibit A

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 2 of 31

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.
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.

CIVIL ACTION NO. 5: 13-cv-982-0LG

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."

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 3 of 31

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 the Form VS-172 and all supporting documentation that I submitted
to the DSHS on July 9, 2015 is attached hereto as Exhibit 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 Exhibit 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 the 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

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 4 of 31

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.
Executed on

l1
/T.A

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

EXHIBIT A-1

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 6 of 31

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: The 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 StoneHoskins.
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 Amendment Of Death Certificate of James Stone,
legally known as James Henry Stone-Hoskins.

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 7 of 31


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 ABOVE 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 of State 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 DeathMARRIED

Item 9: Spouse- Current entry is BLANK, this SHALL be changed to John Allen StoneHoskins, 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.

NEVER MARRIED SHALL BE CHANGED TO

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 StoneHoskins, V)

Page 2 of 4

IN RE: State File 142-15-007851 VS-172 Amendment Of Death Certificate of James Stone,
legally known as James Henry Stone-Hoskins.

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 8 of 31


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 temporarily stayed. The marriage occurred on August 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-Hoskins.

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 9 of 31


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 jstonehoskins2@att.net

{/
[:;.lien 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 District Court, Western District 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,
legally known as James Henry Stone-Hoskins.

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 10 of 31

Mall application, supporting document(&), and the statutory filing fee of $15.00 to the address below. This fee does not Include the cost of
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.

Texas Vital Statistics Deparbnent of State Health Services


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

Oep.vtme

APPLICATION TO AMEND CERTIFICATE OF DEATH

SI.11..

Please type or print

NO.

Stone-Hoskins, V

NAME

LAST

Willis

SIGNATURE

Allen
MIDDLE

7083 Gentle Breeze

STREET ADDRESS
CITY

John
FIRST

lL

DAYTIME PHONE (281


STATE

/( II

TX

ZIP

) 202 9588
77318

PART 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

01/19/2015

James Henry_ Stone


3. PLACE OF DEATH (CiJJ County)
lty
Conroe
ontgomery Coun

4.SEX

6. FULL NAME OF FATHER

7. FULL MAIDEN NAME OF MOTHER

Wallace Franklin Stone

5. STATE OR LOCAL FILE NO. (If known)

142-1 5-007851 (Death Certificate Number)

Joan McGinnis

PART II. ITEM(S) ON ORIGINAL DEATH CERTIFICATE TO BE CORRECTED.

B. ITEM OR ITEM NO.

1.

James Henry Stone

8.

Never Married

GIVEN NAME

9.

17.

10. CORRECT INFORMATION

9. ENTRY ON ORIGINAL CERTIFICATE


EMPTY

EMPTY
John Allen Hoskins V Significant Other

James Henry Stone-Hoskins


STONE

Married
John Allen Stone-Hoskins, V
John Allen Stone-Hoskins, V, Husband

AFRDAWTOFPERSONALKNOWLEDGE
PART Ill. THIS SECTION MUST BE
CERTIFICATE. THIS

THE INFORMANT, PHYSICIAN, OR FUNERAL DIRECTOR WHO SIGNED THE ORIGINAL DEATH
BE SIGNED IN THE PRESENCE OF A NOTARY 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

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 11 of 31

PART V. EXAMPLES OF CORRECTIONS AND TYPES OF DOCUMENTS REQUIRED. GENERALLY, THE AFFIDAVIT AND ONE ACCEPTABLE
DOCUMENT ARE SUFFICIENT.
EXAMPLES OF CORRECTIONS
A.

TYPES OF DOCUMENTS

ADDING INFORMATION
[Items left blank on the certificate, excluding cause of death medical information]
[1]

B.

C.

No documents are required ................................................. .

Affidavit signed by informant, Funeral Director in Charge, Family Member

CORRECTIONS IN SPELLING
[1] No documents are required ................................................. .

Affidavit signed by informant, Funeral Director in Charge, Family Member

CHANGES IN INFORMATION
[1] Relating to Deceased

Given Name ................................................................ .

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.

{J

[2]

Marital Status .............................................................. .

e.
f.
g.

Date of Birth of Decedent... ......................................... .


Age .............................................................................. .
Usual Occupation ........................................................ .

h.

Birthplace .................................................................... .

Relating to Parent(s)
a.
b.

Given Name(s) ............................................................ .


Last Name of Father or Maiden name of Mother ........ .

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 document


Affidavit of informant or relative and one document

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

4.-. BIRTH CERTIFICATE OF CHILD OF DECEASED

MARRIAGE RECORD
A certified copy of certificate, license, or application,
whichever supplies the required facts.

(Y'
6.

BIRTH CERTIFICATE OFDECEASED


DIVORCE RECORD

(j)

/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 of 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

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 12 of 31


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 of 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


Certificate, 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 3
Affidavit of John Allen Stone-Hoskins, V RE: Affidavit in Support of VS-172,
State File Death Certificate 142-1 5-007851 "James Henry Stone" as filed January 2015.

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


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
CORRECT GIVEN name should be STONE.
Item 8- Never Married.
CORRECT STATUS should be MARRIED
Item 9. Spouse is BLANK
CORRECT ENTRY should be JOHN ALLEN STONEHOSKINS, V.
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 Deleon 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 Deleon 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 3
Affidavit of John Allen Stone-Hoskins, V RE: Affidavit in Support of VS-172 ,
State File Death Certificate 142-1 5-007851 "James Henry Stone" as filed January 2015.

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 14 of 31


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

- - - - - ' 2015

/'

..

.1:!i_ day of

__

BOBBY LEE NOVAKOSKY


Notary
State of Texas
My Commtssion Expires

August 15,

16

My Commission Expires

Page 3 of 3
Affidavit of John Allen Stone-Hoskins, V RE: Affidavit in Support of VS-172 ,
State File Death Certificate 142-1 5-007851 "James Henry Stone" as filed January 2015.

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

o..tar-

This is a true and correct reproduction of the original record as recorded in this office. Issued under
I
'
authority of Section 191.051, Health and sar.ty COde,.
.ISSUED

"

(
\'II!M.DltE Fl. HARAI6

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 16 of 31


No 1562

APPLICATION FOR MARRIAGE LICENSE


STATE OF NEW MEXICO
}

TO THE COUNTY CLERK

IS.

County of Santa Fe

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 lhia 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.

!OHN All EN HOSKINS V

Applicant

Applicant

JAMES HENRY STONE

Dale of Birth
August 4 1978
Date of Birth
Place of Birth --'PuM:H>tiS..._,JX..._.U..,.SArn.__ _ _ _ _ _ Piace of Birth

April 22 1982

P-nt Address

8171 !('..tfTNINGBI!G I ANE

MOUNTAIN HOME AR USA

Preaent Address

8171 !('..tfTNIN<'.at!G I ANE

I
Sublcribed and awom to before me this _ __.2u:ZIH.ut._ _ day of _ __,A..,u..,G,.,us.....,r_ _ _ _ , A.D.

t.

(Seal)

H'

..n...,14,.___

./

CONSENT OF PARENT OR GUARDIAN


(Where Either Party Is Under Age)

SANTA FE COUNTY
STATE OF NEW MEXICO

I, the parent (or guardian) of

CERTIFIED A TRUE AND CORRECT COPY


OF

MARRIAGE UCENSE

RECORDED ON
Augual2i_--..21114_
IN BOOK --2014..:...... PAGE......151!.2_ _

GERALDINE SALA?AR

hereby consent to the granting of a licenle to marry, waiving the


questiOn of minority.
_ _ _ _ _ Signature

------------------Signature
I, the parent (or guardian) of

SANTA FE COUNTY CLERK

hereby COIIIIIIIt to the granting of a licenae to marry, waiving the


questiOn of minority.
-----------------Signature

Deputy

County of Santa Fe

sa.

Signature

TO THE COUNTY CLERK

No 1562

To Any Penton Authorized by Law to Perfonn the Marriage Ceremony GREETING:


You are hereby authorized to join In marriage._ __..JOH....,,N.IlA.._LLuE:.NuH.,O..,!:;uKwiN,..ll;a_V,.___ _ _ _ _ _ _ _ _ _ __
of
CONROE IX
and
!AMES HENRY STONE
of
CONROE IX
and of thia license you will make due return to my office
within the tme prescribed by law.
Witness my hand and seal of said Court, at Santa Fe, thia _..LL.J.D.._ _ _ _ _ _ _ _ _ _ _ _ _ __

August 27

Book No. 2014, Page

,_21UL,

at----------

, in Marriage Record

No 1562
Deputy

STATE OF NEW MEXICO

sa.

TO THE COUNTY CLERK

County of Santa Fe

I HEREBY CERTIFY, that on ttoe..__.2.,8THUJ.._ _ _


at CERIJ I OS NEW UfXJCO

day of

AUGUST

,A.D.

2014

In uid County and State, I, the underaigned a _ _.MI


..
_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
did join In the HOlY BONDS OF MATRIMONY, In accordance with the 18M of the State of New Mexico, and the
authorization of the foregoing Uc:ense
JOHN All EN HOSKINS v
o1 _..c..,nN"""'ROE..._,..,IX....__ _ _ _ _ _ _ _ _ _ __
_..,JA,.UfE<a!:-.<Hu;E;aNR
..
(Seal)

of

WITNESSES:
.....
REECE

Rec:orded this
Book::Ao14, Page

CONROE IX

W!lnesa my hand and seal, the day and year last written above.
ANNE CONTRERAS
Tille) _..uwiNl!ll!i>.STEu:rRL-_ _ _ _ _ _ _ _ _ __

29TH

_____
day of __

_ _ _ _ _ _ , A.D. ____20Y__, at 1254

No 1562
Deputy

M.,

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 17 of 31

THIS IS A CERTIFIED COPY OF AN ORIGINAL DOCUMENT

This is to certify that the above is an exact reproduction of the


original certificate which is on file in this office and of which
I am legal custodian.
In testimony whereof, witness my hand and
seal of office at Little Rock, Arkansas. (Do not accept if rephotographed, or if seal cannot be felt.)

DEC 30 1986
DATE

EGISTRAR

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 18 of 31

"
SfADOJt
NEW MEXICO

COUNTY OF

SANUR

I HEREBY CERTIFY that on the

day of

I
I

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


Lv. ,.,;_,\cr

did join in

in accordance with the Laws of the State of New Mexico, and the authorization of the foregoing License,

,\.

. _,,;l;lllHiiluJ;:, I

. ;...:ry
C6 ' ".,
...........
f'f'

JOHN AI I EN HOSKINS v

of

CONROE, IX, liSA

JAMES HENRY STONE

of

CONROE, TX, USA

/ M, \_. . .. .
:'"C::

. . :

A"fiJ:j

"-9 'f
>.

<:'o'u'''i!'<rf.
UN:t"'l ,,..

.,.,,,,,,,., ..

and

Recorded this

r\ ( \

. . . .

.. .--==.

l
l

, ,.. . , (: .

291H

OL.C...

(OfFICilt TITLE)

, 2014

day of

Marriage Record Book No2014 Paglil 0


By

.WITNES.S my hand and seal the day and year last above written

at

12:54

1562

Deputy.

County Clerk.

M. in

lj

Page 1 of 1
Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 19 of 31

https://scontent-dfw1-1.xx.fbcdn.netlhphotos-xtpllv/t1.0-9/11350456_1 020599278763520...

6/26/2015

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 20 of 31

LED

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

IN THE UNITED STATES COURT OF APPEALS


CL

JUN 2 9 2015

WESTERN

uv _

FOR THE FIFTH CIRCUIT


No. 14-50196

United States Coun of Appeals


Fifth Circuit

FILED

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.
JUDGMENT
This cause was considered on the record on appeal and was argued by
counsel.
It is ordered and adjudged that the judgment of the District Court is

affirmed and remanded.

UTY

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 21 of 31


Case 5:13-cv-00982-0LG Document 97 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

d...k W Q

Attest:
Clerk, U.S.

of

C...
Fifth Circuit

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 22 of 31


Case 5:13-cv-00982-0LG Document 96 Filed 06/26/15 Page 1 of 1

UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
CLEOPATRA DE LEON, et al.
Plaintiffs,

v.
RICK PERRY, in his official capacity as
Governor of the State of Texas, et al.,
Defendants.

F\LED

Cause No. SA-13-CA-00982-0LG

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.

It is so ORDERED.
SIGNED this

7}.J day of June, 2015.


United States District Judge Orlando L. Garcia

Case
Document
104-1 Filed
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Case:5:13-cv-00982-OLG
14-50196
Document:
00513102239
Page:08/05/15
1 Date Page
Filed: 23
07/01/2015

IN THE UNITED STATES COURT OF APPEALS


FOR THE FIFTH CIRCUIT
No. 14-50196

United States Court of Appeals


Fifth Circuit

FILED
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 couples 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
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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 enforcing any laws or regulations prohibiting same-sex couples from marrying or prohibiting the recognition of marriages between same-sex couples lawfully solemnized elsewhere. The court immediately stayed its injunction while the state
appealed.

After full briefing, including participation by numerous

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 liberty be denied to them. Baker 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 holdthat there is no lawful basis for a State to refuse to recognize a lawful samesex marriage performed in another State on the ground of its same-sex
character." Id. at *50.
Having addressed fundamental rights under the Fourteenth Amendment, 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
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condoned. The First Amendment ensures that religious organizations
and persons are given proper protection as they seek to teach the principles 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 marriage is proper or indeed essential, whether as a matter of religious conviction 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 quo 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 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." This court sought and promptly received

If 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 discussion 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.).
1

3
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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 collateral matters such as costs and attorney fees) by July 17, 2015, and earlier if
reasonably possible. 2
The mandate shall issue forthwith.

Any pending motions are denied as moot.

4
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UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF TEXAS
SA1' A1N1U1NIIJ

J)IVISIIJIN

FftED
JUL 0 7 2015

CLERK, U.S. DS1RIL

CLEOPATRA DE LEON, et al.


Plaintiffs,

E PU TV

v.

Cause No. SA-13-CA-00982-OLG

RICK PERRY, in his official capacity as


Governor of the State of Texas, et al.,
Defendants.

FINAL JUDGMENT
On July 1, 2015, the Fifth Circuit affirmed this Court's grant of a preliminary injunction

and issued a mandate for this Court to enter judgment in favor of Plaintiffs in this case. See De
Leon v. Abbott, No. 14-50196, 2015 WL 4032161,
F.3d
(5th Cir. 2015). In light of the
United States Supreme Court's decision in Obergefell
2473451,

U.S.

v.

Hodges, No. 14-556, 2015 WL

(2015), and pursuant to the Fifth Circuit's mandate, the Court hereby

enters judgment in this case.


It is hereby ORDERED, ADJUDGED, and DECREED that:
1) 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 United States Constitution


and 42 U.S.C.

1983;

2) Defendants are permanently enjoined from enforcing Texas's laws prohibiting same-

sex marriage; and


3) Any taxable costs in this case are assessed against the Defendants.

It isso ORDERED.
SIGNED this

7 day of July,

2015

CCFURT

WESTER Dtj(CT OF TEXAS

/1

United States District Judge Orlando L. Garcia

=======================================

Case 5:13-cv-00982-OLG Document 104-1 Filed


Page 28 of 31
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Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 29 of 31

EXHIBIT A-2

Case 5:13-cv-00982-OLG Document 104-1 Filed 08/05/15 Page 30 of 31


J. Stone-Hoskins
From:
Sent:
To:
Cc:
Subject:

Brown,Cynthia (DSHS) <Cynthia.Brown@dshs.state.tx.us>


Friday, July 17, 2015 9:05 AM
jstonehoskins2@att.net
DL DSHS VSU Field Services; Bates,Teresa (DSHS); Cochran,Belinda (DSHS);
Farinelli,Victor (DSHS); Kerr,Lonzo (DSHS)
RE: Amended Death Certificate- Same Sex Marriage

DearJ.Hoskins,

Thankyouforyourinquiry.TheDepartmentofStateHealthServices(DSHS)VitalStatisticsUnitandDSHSOfficeof
GeneralCounsel,inconsultationwiththeOfficeoftheAttorneyGeneral,isreviewingthecourtsrulingtodetermine
what,ifany,changesareneededtothedeathregistrationand/oramendmentprocess.Untiltherulingisfullyreviewed,
wewillnotbeableknowtheimpactifany,ontheprocesstofileoramenddeathcertificates.Wewillkeepyour
documentationinapendingfileandwilladviseyouonceadeterminationismade.

Sincerely,

Cindy Brown
Manager, Supplemental Registration
Vital Statistics Unit
Direct: 512-776-7482, Fax: 512-776-7109
Toll Free: 888-963-7111 ext. 2544
Cynthia.Brown@dshs.state.tx.us

From: Farinelli,Victor (DSHS)


Sent: Wednesday, July 15, 2015 7:27 AM
To: Cochran,Belinda (DSHS); Bates,Teresa (DSHS); Brown,Cynthia (DSHS)
Cc: DL DSHS VSU Field Services
Subject: FW: Amended Death Certificate- Same Sex Marriage
Importance: High

SeeBelowandattached

-----VictorA.Farinelli,
Communications/FieldServicesManager
TexasDepartmentofStateHealthServices,VitalStatisticsUnit
5127767368victor.farinelli@dshs.texas.gov

From: J. Stone-Hoskins [mailto:jstonehoskins2@att.net]


Sent: Tuesday, July 14, 2015 8:07 PM
To: field@texasvsu.org
Subject: RE: Amended Death Certificate- Same Sex Marriage
Importance: High

ThefollowingdocumentationwasreceivedbytheBureauofVitalStaticsforexpeditedserviceonFridayJuly10,along
withthefeeof$46.00.

Acopyandacertifiedsealedcopyofthemarriagecertificate,alongwithallofthedocumentationinthe2MBPDFTexas
DSHSVS172SENTTOAUSTINwassubmitted.
1

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

IappreciateapromptresponsefromtheBureau.

From:J.StoneHoskins[mailto:jstonehoskins2@att.net]
Sent:Tuesday,July7,20154:49PM
To:'field@texasvsu.org'
Subject:RE:AmendedDeathCertificateSameSexMarriage
Importance:High

NoticedtheVS172failedtoattach.

Pleaseprovideinformationastothedocumentationrequiredtomakethisamendmentoccur.

JohnA.StoneHoskins

From:J.Hoskins[mailto:jhoskins2@att.net]
Sent:Tuesday,July7,201511:56AM
To:'field@texasvsu.org'
Subject:AmendedDeathCertificateSameSexMarriage
Importance:High

IamattachingaletterthatwasoriginallybeingsenttotheBureauofVitalStatisticswiththeaccompanyingrequired
documentationfortheamendmentofadeathcertificateutilizingtheVS172.

IspoketotheDeputyGeneralCounsellastMonday,whoadvisedmetogivetheDepartment1weektocomplywiththe
SupremeCourtdecision,aswellasDeLeonv.Perry,AbbottandtheTexasDepartmentofStateHealthServices,andnow
therulingofthe5thCircuitCourtofAppeals,affirmingalloftheFederalCourtactions,includingthatofJudgeGarcia,
whowasthepresidingFederalJudge.

Whatformsanddocumentsareyougoingtorequire?CanIsubmitonaVS172?

AttachedistheletterthathasbeenpreparedtosendtotheBureauofVitalStatistics.WhileIunderstandmarriagehas
beenabigissueforyourDepartment,therehasbeennearly2weekstoimplementanypolicychanges.

Iamconsultingwithlegalcounsel,anddonotwanttogothroughunnecessarydelaysoradditionallegalproceedings.

PleaseinformmewhatdocumentationImustsubmittogetthedeathcertificateamended,aswewerealegallymarried
samesexcouple(althoughatthetimeitwasnotrecognizedbyTexaslaw),whichhassincebeennullifiedandruled
unconstitutionalbytheentireFederalJudiciary.

Imyselfamsufferingfromaterminalillness,andwishtohavethisdoneforthwith.

Iappreciateapromptresponseinthismatter.Ihavespokentotheamendmentssection,andwasdirectedtosendthis
toyourunit.Pleaserespondwithin5businessdaystoavoidpotentiallitigation.IwaitedattherequestoftheDeputy
GeneralCounsel.IneeddirectionsastotheVS172anddocumentationthatisrequired.AttachedisacopyoftheVS
172(notnotarized).

Ihavethesupportingaffidavitsandcertifiedmarriagelicensedocuments,etc.Ihaveover50pagestosubmittothe
Department.

Case 5:13-cv-00982-OLG Document 104-2 Filed 08/05/15 Page 1 of 2

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.
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.

CIVIL ACTION NO. 5:13-cv-982-OLG

ORDER

Before the Court is Intervenor John Allen Stone Hoskins Emergency Motion (I) to
Intervene and (II) for Contempt. Having considered the Motion Intervene, the Court has
determined that the Motion should be, and hereby is, GRANTED. Having further considered the
Motion for Contempt, the Court has determined that the Motion is sufficient and it is, therefore,
ORDERED that Defendants Ken Paxton, in his official capacity as Texas Attorney General, and
Kirk Cole, in his official capacity as interim Commissioner of the Texas Department of State
Health Services, appear before this Court at ______________________ oclock ____.m. on

Case 5:13-cv-00982-OLG Document 104-2 Filed 08/05/15 Page 2 of 2

August ______, 2015. The purpose of this hearing is to determine whether Defendants should be
held in contempt for disobedience of this Courts Order.
It is further ORDERED that Defendant Kirk Cole, in his official capacity as interim
Commissioner of the Texas Department of State Health Services, immediately issue an amended
death certificate for James H. Stone-Hoskins to state that John is the surviving spouse of James,
and in so doing, fully recognize John and Jamess legal out-of-state marriage.

SIGNED this ___ day of August 2015

United States District Judge Orlando L. Garcia