Case: Zahrn v. Perry

1:13-cv-00955 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 31, 2013

Closed Date: Sept. 22, 2015

Clearinghouse coding complete

Case Summary

On October 31, 2013, two same-sex couples who wished to have a state-recognized marriage, filed a lawsuit against the state of Texas in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court to declare that Texas laws prohibiting same-sex marriage were unconstitutional, to declare that Texas must recognize same-sex marriages performed in other states, to enjoin the defendants from enforcing the ban on sam…

On October 31, 2013, two same-sex couples who wished to have a state-recognized marriage, filed a lawsuit against the state of Texas in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court to declare that Texas laws prohibiting same-sex marriage were unconstitutional, to declare that Texas must recognize same-sex marriages performed in other states, to enjoin the defendants from enforcing the ban on same-sex marriage, and to award the plaintiffs costs of suit and reasonable attorneys' fees.

The plaintiffs claimed that the Texas laws prohibiting same-sex marriage violated their rights under the Due Process and Equal Protection Clauses of the United States Constitution. They further claimed that the ban interfered with their ability to be recognized as a family and obstructed the social and administrative benefits of marriage.

The plaintiffs filed a Motion for Class Certification on February 28, 2014. They wished to form a Plaintiff Class consisting of all Texans who -- though they met all other necessary qualifications -- were denied the right to marry a member of the same sex. On March 12, 2014, the defendants filed a Motion to Stay Case pending an interlocutory appeal in De Leon v. Perry.

On September 10, 2014, Judge Sam Sparks dismissed the Motion for Class Certification and granted the Motion to Stay the Case pending the interlocutory appeal in De Leon v. Perry. The stay was lifted and action on the case began again on February 19, 2015.

Meanwhile, the Supreme Court ruled on a different case challenging a same-sex marriage ban, Obergefell v Hodges, on June 26, 2015. The Court held in this case that marriage is a fundamental right protected by the 14th Amendment, therefore a state cannot ban same-sex marriage.

Back in the Western District of Texas, this ruling in Obergefell led the plaintiff to file a Motion for Summary Judgment on July 20, 2015 and the defendant to file a Motion to Dismiss as Moot two days later. Judge Sam Sparks held a hearing on August 21, 2015 to hear all of these matters pending in the case, but a Stipulation of Dismissal by and among the parties was filed on September 4, 2015.

On September 22, 2015 Judge Sam Sparks granted the Stipulation and dismissed the case with prejudice.

Summary Authors

Megan Dolan (7/29/2014)

Mackenzie Walz (3/16/2018)

Related Cases

McNosky v. Perry, Western District of Texas (2013)

De Leon v. Perry, Western District of Texas (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401075/parties/zahrn-v-perry/


Attorneys(s) for Plaintiff

Jorgeson, S. Leigh (Texas)

Pittman, Ian E. (Texas)

Scheske, James J. (Texas)

Steed, Jason P. (Texas)

Attorneys(s) for Defendant

Casas, Elaine A. (Texas)

Deane, William T. (Texas)

Kraber, Jennifer (Texas)

Murphy, Michael P. (Texas)

Thomas, Sherine Elizabeth (Texas)

Williams, Andrew W (Texas)

Attorneys(s) for Plaintiff

Jorgeson, S. Leigh (Texas)

Pittman, Ian E. (Texas)

Scheske, James J. (Texas)

Steed, Jason P. (Texas)

Attorneys(s) for Defendant

Casas, Elaine A. (Texas)

Deane, William T. (Texas)

Kraber, Jennifer (Texas)

Murphy, Michael P. (Texas)

Thomas, Sherine Elizabeth (Texas)

Williams, Andrew W (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 22, 2015 Docket
1

Complaint for Declaratory and Injunctive Relief - Class Action

Oct. 31, 2013 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401075/zahrn-v-perry/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
28

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29

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31

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32

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33

1 Proposed Order

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34

1 Proposed Order

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35

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36

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RECAP
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PACER
1

COMPLAINT for Declaratory and Injunctive Relief ( Filing fee $ 400 receipt number 0542-5980553), filed by Shannon Zahrn, Andrew Simpson, Alexius Augustine, Catherine Zahrn. (Attachments: # 1 Civil Cover Sheet)(Steed, Jason) (Entered: 10/31/2013)

1 Civil Cover Sheet

View on PACER

Oct. 31, 2013 PACER
6

MOTION to Appear Pro Hac Vice by Ian E. Pittman ( Filing fee $ 25 receipt number A428493) by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn. (dm) (Entered: 11/01/2013)

Oct. 31, 2013 PACER
2

NOTICE of Constitutional Questions by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn re 1 Complaint (Steed, Jason) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
7

MOTION to Appear Pro Hac Vice by S. Leigh Jorgeson ( Filing fee $ 25 receipt number A428494) by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn. (dm) (Entered: 11/01/2013)

Oct. 31, 2013 PACER
3

REQUEST FOR ISSUANCE OF SUMMONS by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn. (Steed, Jason) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
4

Summons Issued as to Greg Abbott, Dana DeBeauvoir, Rick Perry. (kkc) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
5

CERTIFICATE OF SERVICE by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn Amended Certificate of Service 2 Notice (Other) (Steed, Jason) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
8

SUMMONS Returned Executed by Shannon Zahrn, Andrew Simpson, Alexius Augustine, Catherine Zahrn. Greg Abbott served on 11/1/2013, answer due 11/22/2013; Dana DeBeauvoir served on 11/1/2013, answer due 11/22/2013; Rick Perry served on 11/1/2013, answer due 11/22/2013. (Steed, Jason) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
9

ORDER GRANTING 7 Motion for S. Leigh Jorgeson to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (klw) (Entered: 11/05/2013)

Nov. 4, 2013 PACER
10

ORDER GRANTING 6 Motion for Ian E. Pittman to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (klw) (Entered: 11/05/2013)

Nov. 4, 2013 PACER
11

RESPONSE Response to Defendants' Motion to Consolidate (filed in Case No. A13-CV-0631) by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn. (Steed, Jason) (Entered: 11/18/2013)

Nov. 18, 2013 RECAP
12

Defendants' ANSWER to 1 Complaint by Greg Abbott, Rick Perry.(Deane, William) (Entered: 11/21/2013)

Nov. 21, 2013 RECAP
13

Order for Proposed Scheduling Order. Plaintiff shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling Order due by 1/20/2014,. Signed by Judge Sam Sparks. (dm) (Entered: 11/21/2013)

Nov. 21, 2013 RECAP
14

DEFENDANT DANA DEBEAUVOIR'S ANSWER TO PLAINTIFFS' COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AFFIRMATIVE DEFENSES ANSWER to 1 Complaint by Dana DeBeauvoir.(Casas, Elaine) (Entered: 11/22/2013)

Nov. 22, 2013 RECAP
15

ORDER, All Pending Matters/Status Conference set for 1/9/2014 02:00 PM before Judge Sam Sparks. Signed by Judge Sam Sparks. (dm) (Entered: 12/12/2013)

Dec. 11, 2013 RECAP
16

NOTICE (United States' Acknowledgement of Constitutional Challenge) by United States Of America re 2 Notice (Other) (Lin, Jean) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP
17

Certificate of Service by Michael P. Murphy on behalf of Greg Abbott, Rick Perry. Attorney Michael P. Murphy added to party Greg Abbott(pty:dft), Attorney Michael P. Murphy added to party Rick Perry(pty:dft) (Attachments: # 1 Supplement Certificate of Service)(Murphy, Michael) Modified on 1/7/2014 (dm). (Entered: 01/06/2014)

1 Supplement Certificate of Service

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Jan. 6, 2014 PACER
18

NOTICE of Attorney Appearance by Michael P. Murphy on behalf of Greg Abbott, Rick Perry (Murphy, Michael) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
19

Minute Entry for proceedings held before Judge Sam Sparks: Status Conference held on 1/9/2014 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(dm) (Entered: 01/10/2014)

Jan. 9, 2014 PACER
20

ORDERED that the parties shall have TEN (10) days from entry ofthis order to file letters with each other (and later with the Court) indicating the parties' respective expectations concerning scheduling matters. Signed by Judge Sam Sparks. (dm) (Entered: 01/13/2014)

Jan. 10, 2014 PACER
21

Transcript filed of Proceedings held on January 9, 2014, Proceedings Transcribed: All Pending Matters. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/13/2014, Redacted Transcript Deadline set for 2/24/2014, Release of Transcript Restriction set for 4/23/2014, (Reznik, Lily) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
22

ADVISORY TO THE COURT by Greg Abbott, Dana DeBeauvoir, Rick Perry. (Murphy, Michael) (Entered: 01/28/2014)

Jan. 28, 2014 PACER
23

MOTION to Certify Class Plaintiff's Motion for Class Certification by Alexius Augustine, Andrew Simpson, Catherine Zahrn, Shannon Zahrn. (Attachments: # 1 Exhibit Exhibits A-F, # 2 Proposed Order Proposed Order)(Steed, Jason) (Entered: 02/28/2014)

1 Exhibit Exhibits A-F

View on PACER

2 Proposed Order Proposed Order

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Feb. 28, 2014 PACER
24

MOTION to Stay Case by Greg Abbott, Rick Perry. (Attachments: # 1 Proposed Order Granting Stay Proceedings)(Murphy, Michael) (Entered: 03/12/2014)

1 Proposed Order Granting Stay Proceedings

View on PACER

March 12, 2014 RECAP
25

MOTION to Substitute Attorney DEFENDANT DANA DEBEAUVOIR'S MOTION FOR SUBSTITUTION OF COUNSEL by Dana DeBeauvoir. (Thomas, Sherine) (Entered: 04/17/2014)

April 17, 2014 PACER
26

ORDER GRANTING 25 Motion to Substitute Attorney. Signed by Judge Sam Sparks. (dm) (Entered: 04/21/2014)

April 21, 2014 PACER
27

ORDER DISMISSING 23 Motion to Certify Class; GRANTING 24 Motion to Stay Case. Signed by Judge Sam Sparks. (dm) (Entered: 09/10/2014)

Sept. 10, 2014 PACER

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Oct. 31, 2013

Closing Date: Sept. 22, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are two same-sex couples residing in Texas who wish to have a state recognized marriage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Rick Perry, State

Greg Abbott, State

Dana DeBeauvoir (Travis), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male