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Lawsuit Challenges Gay Marriage Ban



by Elizabeth Ruiz
 
A hearing on a lawsuit challenging Texas' ban on same-sex marriage is scheduled Wednesday morning in a federal courtroom in San Antonio.
 
Nicole Dimetman and Cleopatra De Leon of Austin are requesting an injunction to temporarily block the state's ban on gay marriage while their lawsuit goes through the legal process.
 
"We were legally married in Massachusetts and we think we should have the same rights as heterosexual couples in Texas," said Dimetman. 
 
She told 550 KTSA News the Texas law violates their constitutional rights.
 
"It is a violation of the 14th Amendment of the U.S. Constitution to have any legislation, or even a constitutional amendment here in Texas that does not treat our family like every other Texas family," she said.
 
They have a 20-month-old son,  De Leon's biological child.  Dimetman has adopted him.
 
Two men from Plano are co-plaintiffs in the lawsuit.  
 
Mark Phariss and Victor Holmes were denied a marriage license in Bexar County last fall. 
 
"They're asking the state to immediately issue them a marriage license," said Dimetman.
 
A hearing on the request for an injunction is scheduled at 9:30 a.m. in the court of Federal Judge Orlando Garcia.

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