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2 Couples Sue to Block Texas' Same-Sex Marriage Ban

By Brett Snider, Esq. on November 25, 2013 3:14 PM

Two Texas couples are fighting to prevent Texas' gay marriage ban from being enforced, and filed a motion to block the law in federal court on Friday.

In their motion for preliminary injunction (embedded below), the couples argue that Texas' constitutional amendment which bars same-sex marriages is unconstitutional and should not stop either couple from legal marriage recognition.

The ban has been in place since 2005. But with the recent swell of support for marriage equality and the U.S. Supreme Court striking down part of the Defense of Marriage Act (DOMA), the legal fight for gay marriage in Texas is closer than ever.

Cleopatra De Leon and Nicole Dimetman joined Victor Holmes and Mark Phariss in filing the federal suit challenging Texas' ban on gay marriage in late October. Both couples argue that the ban deprives them of equal protection and the fundamental right to marry.

In the plaintiffs' latest motion to block the marriage ban, they challenge that if the state of Texas is urging morality as a legal guide, the court should honor the moral ethos of the Constitution "which requires that treat all citizens with equal dignity and respect under the law."

De Leon v. Perry - Preliminary Injunction by FindLaw

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