A day after a Travis County probate judge issued a ruling striking down Texas’ ban on legal recognition of same-sex marriages, Equality Texas today (Wednesday, Feb. 18) is calling on Travis County Clerk Dana DeBeauvoir to begin issuing marriage licenses to same-sex couples immediately.
But according to a spokeswoman in DeBeauvoir’s office, the county clerk will not issue those marriage licenses until she gets the go-ahead from the federal courts.
DeBeauvoir had previously said she was ready to begin issuing marriage licenses to gay and lesbian couples as soon as the courts would allow. After Judge Guy Herman issued his ruling Tuesday, DeBeauvoir said she needed to meet with Herman and county lawyers to “find out if there is anything I can do [in terms of issuing marriage licenses to same-sex couples]. Right now, I think it’s no, but we are checking.”
But Equality Texas Executive Director Chuck Smith said today that Herman’s ruling makes marriage equality the law in Travis County. “The law in Travis County now allows for marriage equality. Equality Texas calls upon the county clerk to stand with us — on the right side of history,” Smith said.
The written statement issued by Equality Texas also noted: “Just as the Supreme Court may issue a marriage ruling this summer that applies to all 50 states, and just as the 5th Circuit Court of Appeals may issue a marriage ruling any day now that applies to the 5th Circuit, Judge Herman has issued a ruling that has the effect of law in Travis County.”
The spokeswoman in DeBeauvoir’s office, who identified herself as Angela Vallejo, said today that “nothing has changed” since the county clerk’s statement yesterday. “We have to wait for the federal courts” to settle the question, she said. “As soon as they approve it, I am sure we will begin issuing the licenses.”
Getting a license in Travis County
If — or rather, let’s say when — DeBeauvoir’s office begins issuing licenses to same-sex couples, here are a few rules you need to know:
• The Travis County Clerk’s Office is located at 5501 Airport Blvd. in Austin.
• The cost to get a marriage license is $81 if you pay cash, $84 if you pay with a credit card. Checks are not accepted.
• Both parties have to present a valid ID; both parties have to know their Social Security numbers, and both parties must be at least 18 years old. (Those under 18 must have a parent or guardian with them to give permission.)
• Marriage licenses expire 90 days after they are issued.
• Those obtaining marriage licenses have to wait 72 hours to get married, unless they have a waiver from the court.
The status of marriage equality in the courts
Herman’s ruling came as part of an estate fight in which Austin resident Sonemaly Phrasavath is seeking to have her eight-year relationship to Stella Powell designated as a common-law marriage. Powell died last summer of colon cancer, and after her death, her siblings attempted to step in to claim her estate.
According to the Equality Texas statement issued today, Herman’s ruling finds “that the restrictions on marriage in the Texas Family Code and in the Texas Constitution that restrict marriage to the union of a man and a woman and prohibit marriage for same-sex couples are unconstitutional because the restrictions violate the Due Process Clause and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.
“Contrary to [DeBeauvoir’s] position previously stated in the media, this ruling in fact allows her to immediately issue marriage licenses to same-sex couples in Travis County,” the statement declares.
“Travis County Clerk Dana DeBeauvoir previously stated she would be happy to issue marriage licenses to same-sex couples once the law allows for it.” Equality Texas Executive Director Chuck Smith said.
Herman’s ruling yesterday came a year, to the month, after U.S. District Judge Orlando Garcia ruled in federal court that the Texas same-sex marriage ban violates the U.S. Constitution. Garcia declined plaintiffs’ request late last year to lift the stay on that order and allow same-sex marriages to begin in Texas. The 5th Circuit Court of Appeals heard oral arguments on that case and two others — one from Louisiana and one from Mississippi — on Jan. 9, and could rule in that case any day. Plaintiffs in the Texas case last week asked the Fifth Circuit to lift the stay allow gay and lesbian couples to begin marrying in Texas right away.
The U.S. Supreme Court is expected to hear oral arguments on four marriage equality cases out of the Sixth Circuit Court of Appeals in April, and to issue a ruling in June. The court is widely expected, as this time, to strike down all same-sex marriage bans in the U.S.