Appeals court to hear arguments on same-sex marriage in Texas

NEW ORLEANS – The Fifth Circuit Court of Appeals in New Orleans is set to hear oral arguments for and against same-sex marriage in Texas Friday. 

In the case, two couples from Texas will fight for their right to marry.  Cleopatra De Leon and Nicole Dimetman are from Austin.  They are legally married in Massachusetts and want their marriage recognized in Texas.  "Everything from school visits to the worst circumstances ... an emergency room visit," said Texas for Marriage State Director Ward Curtin.  He told Local 2, "So right now we're looking to make sure that the playing field is leveled for the couples."

The other couple is Mark Phariss and Vic Holmes from Plano.  They have been together for 26 years.  Curtin said, "They want to make a lifelong commitment before their friends and family. And this case is about their ability to do so in the state of Texas.

In February of 2014, a federal judge in Texas ruled that laws prohibiting same-sex couples from marrying are unconstitutional.  The state appealed, saying, "By encouraging the formation of opposite-sex marriages, the State seeks not only to encourage procreation but also to minimize the societal costs that can result from procreation outside of stable, lasting marriages.  Because same-sex marriage relationships do not naturally produce children, recognizing same-sex marriage does not further these goals to the same extent that recognizing opposite-sex marriage does."

Curtin responded, "It's unfortunate that anyone would be told that it's illegal to marry the person that they love.  We want to be respectful, but also we're fighting for respect."

The hearing starts at 9 a.m. Friday.  The Texas case will follow marriage equality arguments in cases from Louisiana and Mississippi.  Arguments in the Texas case are expected to be heard sometime after 11 a.m. Friday.