Friday, May 22, 2015

Goodfriend v Travis County Clerk - Documents from Texas Same-Sex Marriage Licence Case




Goodfriend v Dana DeBeauvoir, Travis County Clerk
Same-sex Marriage License Case: Documents 

Screen capture of web page of Dana DeBeauvoir, Travis County Clerk,
with announcement of same-sex marriage license 

A more complete collection of trial court documents is now available from the Texas Supreme Court website and can be accessed through hyperlinks on the docket sheet for case number 15-0139

Below is a selection a screenshots of key documents (or portions thereof) with stickie notes. The additional documents were filed in conjunction with the couple's response to the Attorney General's petition for mandamus relief attacking the temporary restraining order signed by Judge Wahlberg that led to the issuance of the first same-sex marriage license in Texas by a county clerk. In their brief, the couple's attorneys argue that the supreme court mandamus proceeding initiated by Attorney General Ken Paxton is moot because the controversy became moot when the marriage license was granted and the marriage celebrated, and the case against the Travis County Clerk was dropped. They also argue that there is no proper basis for mandamus relief because there is an adequate remedy to declare the marriage void under the Texas Family Code. Mandamus relief is generally not available when there is an adequate remedy.
 
The additional documents also include an affidavit by Attorney Charles Herring Jr with his account of the events leading to issuance of first same-sex marriage license in Texas by Travis County Clerk, Dana DeBeauvoir. The gist of  it is that the TRO was granted after a contested hearing, rather than ex parte.

AFFIDAVIT OF ATTORNEY FOR SARAH GOODFRIEND AND SUZANNE BRYANT
IN THE TRIAL COURT

 Attorney Charles Herring Jr account of TRO hearing leading to issuance of first same-sex marriage license in Texas

 Affidavit of Attorney Charles Herring Jr 
on events leading up to hearing, grant of TRO by Judge Wahlberg, 
and issuance of first same-sex marriage license in Texas   



Source: Supplemental Mandamus Record filed on 5/13/2015 in the Texas Supreme Court in the case brought by the Texas Attorney General seeking to invalidate the marriage license granted to Sarah Goodfriend and Suzanne Bryant. IN RE STATE OF TEXAS, No. 15-0139 (hyperlink to online docket). 


WAHLBERG ORDER FOR ISSUANCE OF MARRIAGE LICENSE 
TO SAME-SEX COUPLE




ORDER WAIVING 72-WAITING PERIOD FOR MARRIAGE CEREMONY
(sometimes called cooling-off period, though that would be a misnomer in this case, given the same-sex couple's long-standing desire to get married, and not being able to do so due to the legal impediment) 



After obtaining their marriage license armed with a court order, Sarah Goodfriend and Suzanne Bryant promptly dropped their case against the Travis County Clerk. 

NOTICE OF NONSUIT AFTER ISSUANCE OF LICENSE


Nonsuit in Travis County Same-Sex Marriage Licenses Case 
PETITION FOR TRO FILED BY GOODFRIEND AND BRYANT
(signature block and verification page omitted) 






Here is the link to the ---> Goodfriend v DeBeauvoir petition and application for temporary restraining order on the Travis County Clerk's website.