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Federal lawsuit filed in Hood County

That sound you hear is the rubber meeting the road.

The motion for a temporary injunction and temporary restraining order was filed this morning in Fort Worth federal court on behalf of Soifer’s clients, Jim Cato and Joe Stapleton, who’ve been together for 27 years. The couple has been trying to get a marriage license ever since the Supreme Court made it legal in all 50 states on June 26, only to be told, repeatedly, the clerk’s office isn’t issuing licenses.

Initially Katie Lang, the county clerk, said her office wasn’t issuing licenses because of her religious beliefs; she then clarified her statement to indicate she wouldn’t issue licences, but her staffers would. But on Thursday, the couple says they were told the the same thing The Dallas Morning News was when we called to inquire about the issuing of licenses: It would take several weeks because the clerk’s office didn’t yet have the forms from the state.

According to the lawsuit, on Thursday the couple went to the clerk’s office and “produced a copy of the revised application for marriage license, promulgated by the state and available to county clerks, and asked if they could use it to apply.” But a woman named Virginia in the clerk’s office “told them she could not accept that form. Then Clerk Lang asked everyone to leave the office, stating that no media was allowed. Jim replied that Joe and Jim were not media, but instead taxpayers of Hood County, there to get a marriage license, but the Clerk said they needed to leave as well, which was humiliating. Clerk Lang also apparently called the Sheriff’s Department, because by the time Joe and Jim left her office, approximately half a dozen deputy sheriffs had arrived to stand guard outside and immediately inside the Clerk’s office.”

The suit says the couple “found the entire process to be humiliating and degrading, and have no reason to believe that they would receive a marriage license without having to file a lawsuit to get it.”

See here for the background, and click the link above to see a copy of the lawsuit. This was bound to happen as long as County Clerk Lang refused to obey the law and do her job. The good news is that in spite of all that, Cato and Stapleton got their marriage license.

A Granbury gay couple on Monday obtained a marriage license from the Hood County Clerk’s office after filing a lawsuit against the clerk in federal court.

But attorneys representing Jim Cato and Joe Stapleton, who have been together for 27 years, said the couple will move forward with their lawsuit until the county clerk’s office agrees to issue marriage licenses to all couples.

“Jim Cato and Joe Stapleton are delighted that they finally have been issued a marriage license and can get married in their home county,” the gay couple’s attorneys, Jan Soifer and Austin Kaplan, said in a statement. “It’s a shame that they needed to hire lawyers and file a lawsuit to make that happen.”

The Hood County Clerk’s office would not say whether it is issuing same-sex marriage licenses and referred questions regarding the licenses to County Clerk Katie Lang’s personal attorneys.

Lang’s lawyers at the Liberty Institute, which specializes in religious freedom litigation, said the clerk’s office was unable to issue the license on Thursday “because of software issues” and “lack of guidance” from the county attorney on using existing forms.

“The Clerk’s office was unable to issue a license at close of business on Thursday, even though everyone left with the understanding that one would be immediately available on the next business day,” said Jeremy Dys, senior counsel at the Liberty Institute. “The office was closed Friday. This morning, as of about 8:00 a.m., there is a marriage license waiting for the couple that has, for some reason, sued Hood County.”

Yeah, that’s a mystery to me too, pal. Congrats to Cato and Stapleton, and may the courts deliver a swift and decisive smackdown of Lang, so as to serve as a bucketful of cold water in the face of other derelict public officials and those that would enable them. More coverage from CBS Local and Hood County News, and be sure to see Bud Kennedy as well. Thanks to Somervell County Salon in the comments for the tip.

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2 Comments

  1. Kenneth Fair says:

    My bet is that the county attorney told the county commissioners how much the lawsuit would end up costing the county, and the commissioners told Ms. Lang to start issuing licenses forthwith.

  2. […] Off the Kuff does an excellent job of reporting on Texas County Clerks that are violating their oath of office by not issuing marriage licenses to same-sex couples – so Red doesn’t have to.  The latest is Hood County’s Katie Lang who apparently came up with a number of bogus excuses to deny a gay couple a marriage license and then had the temerity to call in Sheriff’s deputies to harass people who were attempting to exercise their constitutional rights.  It took filing a federal lawsuit to get Lang to follow the law. […]