Category Archives: Legal matters

The cost of defying the law on same sex marriage

Posted on August 19, 2015 by Charles Kuffner

Nearly $44K in attorneys’ fees, and it could have been worse. It has been a month since Joe Stapleton and Jim Cato finally got the marriage license Hood County Clerk Katie Lang denied them because of her religious beliefs. It … Continue reading →

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Meyers voter ID lawsuit to proceed

Posted on August 18, 2015 by Charles Kuffner

An update on that other voter ID lawsuit. Texas Court of Criminal Appeals Judge Larry Meyers claims that the state’s voter ID law violates the Texas Constitution, and the court ruled that the case will proceed after rejecting defendants’ arguments … Continue reading →

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State issues new guidelines for birth and death certificates

Posted on August 15, 2015 by Charles Kuffner

That was quick. The state has issued new guidelines for filing and changing vital records to recognize same-sex marriage status, as ordered by a federal judge in San Antonio In a court advisory filed late Wednesday, the Texas Attorney General’s … Continue reading →

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Paxton files amicus brief in HBU contraception lawsuit

Posted on August 14, 2015 by Charles Kuffner

Of course he does. Female employees of religious nonprofits should not be given insurance coverage for birth control if their employers object to certain contraceptives on religious grounds, according to a brief filed at the U.S. Supreme Court by Texas … Continue reading →

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Paxton gets a deadline

Posted on August 13, 2015 by Charles Kuffner

Better stick to it. In an order late Tuesday, U.S. District Judge Orlando Garcia also instructed Texas Attorney General Ken Paxton’s office and the Texas Department of State Health Services to approve all pending applications for death and birth certificates … Continue reading →

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Another Voting Rights Act lawsuit filed

Posted on August 12, 2015 by Charles Kuffner

Naturally, it originates in Texas. Today, on the 50th anniversary of the signing of the Voting Rights Act, the Asian American Legal Defense and Education Fund (AALDEF) sued the State of Texas, the Williamson County Elections Department, and the city … Continue reading →

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Paxton avoids contempt hearing

Posted on August 11, 2015 by Charles Kuffner

He accomplished this by folding like a lawn chair on the issue of same-sex death and birth certificates. Wednesday’s contempt of court hearing for Attorney General Ken Paxton and a state health official was canceled Monday after state officials agreed … Continue reading →

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State Health Services department finally amends that death certificate

Posted on August 8, 2015 by Charles Kuffner

Good. Complying with a federal court order, Texas has issued an amended death certificate acknowledging a Conroe man as the husband of a same-sex spouse who had died in January. The men had been married in New Mexico in 2014, … Continue reading →

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Sandra Bland’s mother sues DPS and Waller County

Posted on August 7, 2015 by Charles Kuffner

Can’t say this is a surprise. The mother of Sandra Bland filed a federal lawsuit Tuesday against the Texas Department of Public Safety trooper and several others she deems responsible for the death of her 28-year-old daughter at the Waller … Continue reading →

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Fifth Circuit affirms that Texas voter ID law violates Voting Rights Act

Posted on August 6, 2015 by Charles Kuffner

Good. Texas’ four-year-old voter ID law violates the Voting Rights Act but is not a “poll tax” barred under the U.S. Constitution, a federal appeals court has ruled. The U.S. 5th Circuit Court of Appeals on Wednesday ruled that the … Continue reading →

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There’s more to complying with SCOTUS than issuing marriage licenses

Posted on August 6, 2015 by Charles Kuffner

Looks like Ken Paxton may get to learn that the hard way. A federal judge ruled Wednesday that Texas must recognize the same-sex marriage of a Conroe resident by naming him as the surviving spouse on his late husband’s death … Continue reading →

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Pastors file a lawsuit over HERO

Posted on August 5, 2015 by Charles Kuffner

I have three things to say about this. Organizers of the anti-Houston Equal Rights Ordinance petition have filed suit against Mayor Annise Parker, saying she and unnamed “conspirators” unconstitutionally rejected valid petition signatures and “smothered the Citizen Referendum Petition in … Continue reading →

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Not everyone wants Texas to sue the EPA again

Posted on August 4, 2015 by Charles Kuffner

It won’t mean anything to those that are hell-bent on suing, but it is worth keeping in mind. President Obama is set to unveil the nitty-gritty of his sweeping, state-by-state plan to fight climate change this week — his most … Continue reading →

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I’m not the only one who thought the state’s response to the birth certificate lawsuit was specious

Posted on July 31, 2015 by Charles Kuffner

Actual legal experts didn’t think much of it, either. The state of Texas can’t hide behind sovereign immunity to escape a lawsuit for denying birth certificates to U.S. citizen children of undocumented immigrants, the director of the University of Texas’ … Continue reading →

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Split decision on cross-state air pollution rule

Posted on July 30, 2015 by Charles Kuffner

Not too bad, actually. Texas’ Republican leaders and environmentalists are both claiming victory Tuesday following an appeals court ruling that requires the federal government to ease limits on certain emissions for Texas and a dozen other states. The U.S. Court … Continue reading →

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Woodfill is still pursuing his anti-same-sex benefits lawsuit

Posted on July 28, 2015 by Charles Kuffner

From the inbox and the febrile mind of Jared Woodfill: Last year Houston Judge Lisa Millard granted a temporary injunction and ordered Houston Mayor Annise Parker and the City of Houston to immediately stop recognizing same-sex ‘marriages’ and stop providing … Continue reading →

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State wants birth certificate lawsuit dropped

Posted on July 24, 2015 by Charles Kuffner

I don’t know about that. Texas Attorney General Ken Paxton on Wednesday asked a federal district judge to dismiss a lawsuit that claims a state agency violated the U.S. Constitution by denying birth certificates to U.S.-citizen children of immigrant parents. … Continue reading →

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Paxton concedes FMLA lawsuit

Posted on July 22, 2015 by Charles Kuffner

Excellent. Almost a month after the U.S. Supreme Court ruled that same-sex marriage bans are unconstitutional, Texas Attorney General Ken Paxton quietly conceded a case against the federal government over medical leave benefits for certain same-sex couples. Paxton and the … Continue reading →

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We don’t want to share marriage with those icky gay people

Posted on July 20, 2015 by Charles Kuffner

Ed Kilgore detects a new trend. Now that the Christian Right has been reduced to the sputtering defiance of Mike Huckabee and Bobby Jindal or to the sullen silence of many others, one can hope that conservative acceptance of same-sex … Continue reading →

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More on the state’s refusal to issue birth certificates

Posted on July 18, 2015 by Charles Kuffner

The Observer follows up. Two legislators have weighed in on the controversy over Texas’ refusal to grant birth certificates to some children of undocumented families. On Wednesday, Sen. Juan “Chuy” Hinojosa, D-McAllen, vice chair of the Senate Committee on Finance, … Continue reading →

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Lawsuit filed over state refusal to issue birth certificates

Posted on July 16, 2015 by Charles Kuffner

I’m sure this won’t be contentious at all. For nearly 150 years, the United States, under the 14th Amendment, has recognized people born here as citizens, regardless of whether their parents were citizens. But Texas has other plans. In the … Continue reading →

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HBU appeals contraceptive case to SCOTUS

Posted on July 13, 2015 by Charles Kuffner

Here we go. Houston Baptist University on Wednesday turned to the U.S. Supreme Court in its battle to avoid providing employees with forms of contraception it finds morally objectionable. The appeal of a 5th U.S. Circuit Court of Appeals ruling … Continue reading →

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Fifth Circuit hears immigration ruling appeal

Posted on July 12, 2015 by Charles Kuffner

We’ll see, but as always with this court it is better to expect the worst and hope to be pleasantly surprised. Noise from hundreds of chanting immigration activists outside a federal appeals court building competed at times Friday with lawyers … Continue reading →

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There will be more lawsuits

Posted on July 12, 2015 by Charles Kuffner

The lawsuit filed in Hood County to force County Clerk Katie Lang to issue a marriage license to a same sex couple won’t be the last one like it. “We hope and expect that county clerks across Texas and the … Continue reading →

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Prepare for your time in the spotlight, Irion County

Posted on July 9, 2015 by Charles Kuffner

It’s coming. No same-sex couples have sought a marriage license in Irion County, but if or when they do the county clerk is willing to fight it in court. County Clerk Molly Criner has vowed to stand for “natural marriage” … Continue reading →

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Paxton drops another same sex marriage appeal

Posted on July 8, 2015 by Charles Kuffner

Another step forward. Texas Attorney General Ken Paxton plans to dismiss an appeal challenging a Travis County judge’s February ruling that found the state’s ban on gay marriage to be unconstitutional. The U.S. Supreme Court’s June 26 decision declaring gay … Continue reading →

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Federal lawsuit filed in Hood County

Posted on July 7, 2015 by Charles Kuffner

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 … Continue reading →

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And the battle moves to Irion County

Posted on July 7, 2015 by Charles Kuffner

“Where the heck is Irion County?” I hear you cry. Just the home of the next County Clerk that needs to be schooled on the Constitution, and not her dime store “understanding” of it. The county clerk in tiny Irion … Continue reading →

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Here come the lawyers

Posted on July 6, 2015 by Charles Kuffner

I don’t see how the squadron of anti-equality attorneys has a case in the wake of Obergfell, but they’re gonna try their best to muck things up anyway. Now, conservative attorneys are gearing up to defend [government employees who refuse … Continue reading →

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Supreme Court to hear school finance appeal in September

Posted on July 5, 2015 by Charles Kuffner

Mark your calendars. The Texas Supreme Court will hear oral arguments Sept. 1 in the long-running case challenging the state’s school-finance system. “We are very pleased that the court is moving so expeditiously,” attorney David Thompson, representing the Houston Independent … Continue reading →

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Clinics consider reopening

Posted on July 5, 2015 by Charles Kuffner

There’s a lot of uncertainty in the decisionmaking process, that’s for sure. Abortion providers cheered a move by the U.S. Supreme Court to temporarily block part of a Texas law that would have closed more than half the state’s 19 … Continue reading →

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Lawsuit threatened in Hood County over clerk’s refusal to issue marriage license

Posted on July 4, 2015 by Charles Kuffner

I was beginning to think that none of Texas’ 254 County Clerks were going to attempt to martyr themselves in the name of their “religious freedom” to not issue marriage licenses to same-sex couples. I shouldn’t have worried. Attorneys for … Continue reading →

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Now Texas is suing the EPA over its clean water plan

Posted on July 3, 2015 by Charles Kuffner

Another day, another anti-environmental lawsuit. It’s what we do. For the 20th time since the Obama administration took office in 2009, the federal Environmental Protection Agency is facing a lawsuit from Texas. Joined by Louisiana and Mississippi, Texas is challenging … Continue reading →

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Texas throws in the towel with the Fifth Circuit

Posted on July 2, 2015 by Charles Kuffner

Hallelujah. The 5th Circuit should affirm a lower court ruling that overturned Texas’ long-standing ban on same-sex marriage, Scott Keller, the state’s solicitor general, wrote in a letter to the appellate court. That letter was in response to the appellate … Continue reading →

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