DeLeon v. Perry

Brief Filed: 9/15/2014
Court: U.S. Court of Appeals for the 5th Circuit
Year of Decision: 2015

Read full-text amicus briefopens in new window (PDF, 128KB)

Involves a challenge to Texas statute and constitutional amendment banning same-sex marriage and recognition of out-of-state same-sex marriages.

Sexual Orientation (discrimination; same sex-marriage)

On Oct. 28, 2013, two same-sex couples filed a federal lawsuit seeking the right to marry or respect for their legal marriage in Texas. On Feb. 26, 2014, U.S. District Court Judge Orlando Garcia ruled that laws in Texas prohibiting same-sex couples from marrying are unconstitutional. He also issued a stay on the ruling pending appeal. The ruling was quickly appealed to the U.S. Court of Appeals for the Fifth Circuit.

APA's amicus briefs present an accurate and comprehensive summary of the current state of scientific and professional knowledge concerning sexual orientation, same-sex relationships, and the children of same-sex couples. Drawing on the cumulative scientific knowledge in these areas, APA makes four main arguments 1) that homosexuality is a normal expression of human sexuality, is generally not chosen, and is highly resistant to change; 2) that same-sex relationships are equivalent to heterosexual relationships in essential respects; and, that excluding same-sex couples from the institution of marriage denies them social, psychological and health benefits; 3) that there is no scientific basis for concluding that same-sex couples are not fit parents or that children of same-sex couples are any less psychologically healthy and well-adjusted than children of heterosexual couples; and 4) that denying same-sex couples access to marriage is an instance of stigma.

On June 26, 2015, in a 5-4 ruling the U.S. Supreme Court held in Obergefell that the 14th amendment requires marriage equality and that all states must allow same-sex couples to marry as well as recognize same-sex marriages entered into out-of-state. In light of the at ruling, District Court Judge Garcia issued an order prohibiting state officials in Texas from enforcing any state law denying gay men and lesbians from the freedom to marry. On June 29, the Fifth Circuit asked the parties in this case to file letter briefs addressing the appropriate disposition of the case. In those submissions, both sides agreed that, because of the ruling in Obergefell, Judge Garcia had correctly enjoined Texas from enforcing its discriminatory marriage laws. On July 1, the Fifth Circuit remanded the case to the District Court for entry of judgment in favor of those who had challenged those laws.