Stone-Hoskins, 37, is arguing in court that he’s being denied due process and equal protection under the law.
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“We are pleased that the Court of Appeals agreed unanimously with the district court that the Texas statute violates Section 2 of the Voting Rights Act and we are studying the opinion in light of the future proceedings the Court of Appeals has ordered”, U.S. Attorney General Loretta Lynch said in a statement Wednesday.
Garcia also ordered Paxton and Kirk Cole, interim commissioner of the Department of State Health Services, into his courtroom for a Wednesday morning hearing on whether they should be held in contempt of court for disobeying his July order prohibiting Texas from enforcing its ban on same-sex marriage.
Two days earlier, Paxton was booked in Collin County on securities fraud charges.
The issue involves a Conroe man who is seeking to amend the death certificate of his male spouse to reflect their 2014 marriage in New Mexico. “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 state of Texas – specifically, the state’s Department of Health and Human Services and Texas Attorney General Ken Paxton’s office – refuses to change it following the U.S. Supreme Court’s ruling that legalized same-sex marriage at the end of June. His agency is responsible for handling death certificates. After the Supreme Court ruling in favor of same-sex marriage, Paxton told clerks they need not give marriage licenses to same-sex couples if they have a religious objections.
Texas, where Republican leaders have tried to push back against gay marriage, had balked at recognizing John Stone-Hoskins as the surviving spouse on the death certificate of James Stone-Hoskins, according to court documents. It said Texas has refused to fill in the space on the death certificate for surviving spouse. “Like many other gay and lesbian citizens, John and his late husband James were denied the respect and dignity they were entitled to under the Constitution”. This is what prompted the judge’s order. Because his late husband did not have a will, he needs to be named on the certificate to receive spousal death benefits, the law firm said.
The two were not immediately available for comment.
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According to the Associated Press, John Stone-Hoskins, a former Texas police officer, says he has a terminal illness and wants to settle his estate and have state records recognize his marriage.
