Texas lesbians denied marriage license because no checkbox for gay couples

Originally published by David Yates.

The U.S. Supreme Court may have ruled marriage is a fundamental right for all citizens Friday, but at least one Texas clerk is denying to issue martial licenses on the grounds their application has no checkbox for same sex couples.

Karen Wilkerson and Jolie Smith filed a complaint against Karen Phillips, in her official capacity as clerk for Smith County, on June 26 in the U.S. District Court for Eastern Texas, Tyler Division.

The plaintiffs are asking the court to order Phillips to issue a marriage license in light of the high court’s decision in the case of Obergefell v. Hodges.

Wilkerson and Smith contend they sought a marriage license from Phillips following the ruling.

However, the Smith County clerk refused to oblige the request solely on the grounds that the form the office used had separate sections for a “male” or “man” and “female” or “woman,” meaning the form only accommodates opposite sex couples.

“The true reasons for Defendant Phillips’ refusal to issue the license are prejudice against same-sex couples, to try to humiliate and shame the Plaintiffs, to deprive them and their relationship of the dignity to which they are by law entitled, and to inconvenience the Plaintiffs,” the suit states.

“The Defendant is just mean-spirited and petty.”

The plaintiffs contend they will suffer immediate and irreparable harm unless the court rules in their favor.

Tyler attorney Blake Bailey represents them.

Case No. 6:15-cv-00606

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