All other relief not expressly granted herein is denied. 2675. 2014, no pet.). Court records for this case are available from Texas Southern District. The case status is Pending - Other Pending. Code Ann. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Same-sex couples are consigned to an instability many opposite-sex couples would deem intolerable in their own lives. Specifically, appellants sought to enjoin the mayor and the city to comply with section 6.204(c)(2) of the Texas Family Code.. Appellants' contention that the State can refuse to provide same-sex couples the same benefits as different-sex couples based on its interest in furthering procreation and child-rearing was rejected in Obergefell. We conclude appellants have failed to both plead and establish a waiver of immunity based on the Mayor Parker's failure to perform a purely ministerial act. Further, while the State might be able to condition certain benefits on Medicare eligibility or tobacco use without running afoul of Obergefell, it may not condition those benefits on whether the marriage is between a same-sex or different-sex couple. Additionally, we take judicial notice that the State now follows Obergefell in providing employee benefits to same-sex spouses of state employees. Ticket Reply Form, Plea In a decision dated June 30, 2017, the Texas Supreme Court reversed our decision, holding that the case should be remanded to the trial court so it could consider the impact of both Obergefell and DeLeon on appellants' claims. ), aff'd sub nom., DeLeon v. Abbott, 791 F.3d 619 (5th Cir. Consequently, appellants lack standing to request the trial court to impose retrospective monetary relief ordering any claw back of public funds already spent. Due to the COVID-19 concerns, please see the County Civil list drop down for Emergency Court Information. Here, appellants do not plead or dispute that Mayor Parker failed to perform a purely ministerial act. Id. 2. of the majority opinion1 or in section IV.C. Tex. by the juvenile courts include criminal misconduct, juvenile delinquency and issues 2675 (DOMA also brings financial harm to children of same-sex couples.). In this interlocutory appeal, 1 the City of Houston appeals the denial of its motion for summary judgment contending that governmental immunity shielded it from the lawsuit filed by Appellees, Catrennia Foreman Sauls, individually and as representative of the estate of her late . As set forth above, in this case, appellants failed to plead and show that any Houston mayor lacked the authority to make enforcement decisions or to interpret extrinsic law. Safety Course Application, Traffic also produces the service documents as requested on family cases (causes) and accepts C.Appellants Failed to Establish Standing to Order the City and Mayor to Claw Back Any Public Funds Spent in the Past. Public Reports. 1441(a). Attn: Probate Court Department P.O. On that same day, Mayor Turner and the City filed their plea to the jurisdiction and/or counter motion for summary judgment. v. Blue, 34 S.W.3d 547, 555 (Tex. Hours and Locations Citation and Notices. However, once a state decides to grant certain benefits as an incident of marriage, it must grant that benefit to all married couples, regardless of sex. (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction. Frequently Asked Questions Although appellants argue that we should apply these decisions retroactively, we decline to do so because appellants' contention is inconsistent with our requirement under the law to apply U.S. Supreme Court precedent to cases pending on appeal. The only bases for avoiding governmental immunity from suit that the Pidgeon Parties have asserted are (1) the waiver of immunity contained in the Texas Declaratory Judgments Act, and (2) their alleged ultra vires claim against the Mayor. See City of El Paso v. Heinrich, 284 S.W.3d 366, 37273 (Tex. Eviction Citation Return. Cause Number. Access Houston Municipal Court records in HOUSTON County for civil, family, criminal, traffic, & property case information. Additionally, Mayor Turner and the City also filed a response to appellants motion for [partial] summary judgment, and reply to appellant's response to appellees' plea to the jurisdiction, arguing appellants were not entitled to summary judgment because their claims were barred by governmental immunity. In their motion, appellants argued that the only issues for the trial court to resolve were questions of law: (1) Whether the city can defend its present-day defiance of section 6.204(c)(2) by relying on the Supreme Court's decisions in Obergefell and Pavan v. Smith, U.S. , 137 S. Ct. 2075, 198 L.Ed.2d 636 (2017); and (2) Whether the city can defend its pre-Obergefell defiance of section 6.204(c)(2) by relying on then-mayor Parker's personal beliefs that the statute was unconstitutional. Appellants also argued in their motion that they were entitled to an injunction requiring Mayor Turner and the City to claw back public funds that they previously spent in violation of Section 6.204(c)(2). In this interlocutory appeal, the City of Houston appeals the trial court's order denying the City's motion for summary judgment based on lack of jurisdiction. App.Corpus Christi Jan. 23, 2020, no. FAQS 2584 (Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser The marriage laws at issue here thus harm and humiliate the children of same-sex couples.); see also Windsor, 570 U.S. at 773, 133 S.Ct. Even assuming, arguendo, that Mayor Parker was wrong in relying upon federal authority (e.g., Windsor, the Constitution, the Equal Protection and Due Process clauses, the Freeman injunction, and the federal district court's De Leon decision), the city attorney's legal opinion, and the then-existing persuasive authority overturning as unconstitutional the denial of full rights, benefits, and marital status to same-sex spouses and couples, Mayor Parker's continuing directive and actions to offer spousal employment benefits to same-sex spouses of city employees would still not have been ultra vires acts in October 2014 or thereafter. To e-file through the State of Texas electronic portal EFileTexas.gov, you must first select an electronic filing service The only basis for avoiding the Mayor's immunity from suit the Pidgeon Parties assert on appeal is that this immunity does not apply to ultra vires claims. Appellants assert ultra vires claims against Mayor Turner for violating Tex. Search for Citations and Notices. App.Houston [14th Dist.] Case Summary. Those material benefits include employment benefits. at 22728. As clerks, they have the responsibility of: Filing, docketing and assessing the costs associated with each case. App.Houston [14th Dist.] Same-sex couples, too, may aspire to the transcendent purposes of marriage and seek fulfillment in its highest meaning. denied) (en banc). Family Courts decide on matters and render judgments relating (832) 927-5900, Criminal Collections www.EFileTexas.gov How do I contact a city/county department? You are entitled to a jury trial if you file a written request with the court no later than 30 days before the date a case is set for trial. Edited by Anita Badejo and Marc Georges. applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions. All checks and money orders should be made payable to the Harris County Clerk. Discretionary acts on the other hand require the exercise of judgment and personal deliberation. Emmett, 459 S.W.3d at 587. In the face of an issue or doubt as to whether a court has subject-matter jurisdiction, a court may not presume that it has subject-matter jurisdiction and proceed to adjudicate the merits. See Bostock, 140 S. Ct. at 1737. If your Drivers License has been invalid for more than 2 years and you have not renewed your Corp. v. Port of Houston Auth. Appellants' arguments are merely attempting to relitigate that which has been foreclosed by Obergefell and subsequent U.S. Supreme Court cases that we are bound to follow.16, 3. 2. See Heinrich, 284 S.W.3d at 37273. As set forth, supra, an ultra vires claim cannot be asserted against a governmental entity but must instead be brought against a government official or employee of a governmental entity. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. This harm results in more than just material burdens. 2006). Cause Of Action: 28 U.S.C. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. This time-of-filing rule is hornbook law). While the [U]DJA waives sovereign immunity for certain claims, it is not a general waiver of sovereign immunity. Id. See Curry, 434 S.W.3d at 820. As set forth above, to fall within this ultra vires exception to governmental immunity, appellants must allege, and ultimately prove, that Mayor Turner acted without legal authority or failed to perform a purely ministerial act. This case is not final and, as such, we follow the Supreme Court's holdings in Obergefell, Pavan, and Bostock in reaching our decision. Tex. Appellants Jack Pidgeon and Larry Hicks (collectively, the Pidgeon Parties) sued appellee Sylvester Turner, in his official capacity as the Mayor of the City of Houston (the Mayor) and appellee City of Houston (the City). No Personal Checks will be accepted through the mail. to families and children. Trial Coordinator: Melissa Hammond 832-927-1711, Trial Coordinator: Grace Cantada 832-927-1722, Judge Lashawn A. Williams 832-927-1703, Trial Coordinator: Vanessa Richardson 832-927-1733, Judge Manpreet Monica Singh 713-927-1704, Clerk: Mariela Santibanez 713-274-1358, Trial Coordinator: Rick Wilson 832-927-1742. Information about fine only misdemeanor cases pending in the City of . In so doing, the Fifth Circuit noted that both sides now agree that the injunction appealed from is correct in light of Obergefell. Id. Nat. The central test for determining jurisdiction is whether the real substance of the plaintiff's claims falls within the scope of a waiver of immunity from suit. Tex. Thus, even if the Mayor misinterpreted the extrinsic law, this mistake would not waive the Mayor's immunity under the ultra vires exception. 2002). The case was eventually remanded back to state court on August 28, 2014. of Way, Inc. v. Ianni, 210 S.W.3d 593, 596 (Tex. Appellants filed a petition for review with the Texas Supreme Court, which was granted. It demeans gays and lesbians for the State to lock them out of a central institution of the Nation's society. Appellants have not shown a waiver of immunity provided the trial court with jurisdiction; thus, we affirm the trial court's order granting the Mayor's and the City's plea to the jurisdiction and/or counter-motion for summary judgment. Because the challenged directive in this case is not a legislative pronouncement, the waiver of immunity under the Texas Declaratory Judgments Act does not apply to the Pidgeon Parties' claims. Juvenile Courts decide on matters involving adolescents If a court determines that it lacks subject-matter jurisdiction over claims, the court cannot rule on the merits of the claims and must dismiss the claims for lack of subject-matter jurisdiction, or, if possible, the court may transfer the claims to a court that has subject-matter jurisdiction over the claims. The contact information App.Houston [14th Dist.] While McRaven himself enjoyed broad authority, that decision requires only a showing that the official enjoys some (but not absolute) discretion to act. McRaven, 508 S.W.3d at 239. Civ. and reports and filing documents in existing cases (causes). See Windsor, 570 U.S. at 772, 133 S.Ct. Original music by Marion Lozano and . Ministerial acts are those where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment. Sw. Bell Tel., L.P. v. Emmett, 459 S.W.3d 578, 587 (Tex. Instead, only when these improvident actions are unauthorized does an official shed the cloak of the sovereign and act ultra vires. Id. Appellants, in their amended petition, request declarations to address violations of state law;12 none challenge a statute or ordinance. We take as true all evidence favorable to the nonmovant and we indulge every reasonable inference and resolve any doubts in the nonmovant's favor. For additional information please review our, Small Marilyn Burgess, Harris County District Clerk ATTN: Criminal Collections DivisionP.O. e. Appellants have not Pleaded and Cannot Establish that Either Mayor Parker or Mayor's Turner's Continuation of the Directive to Provide Spousal Employment Benefits to Same-Sex Spouses of City Employees is Without Legal Authority. The department is responsible for maintaining the filed records for each Probate Court case. Jack PIDGEON and Larry Hicks, Appellants v. Sylvester TURNER, in His Official Capacity as Mayor of the City of Houston, and the City of Houston, Appellees. Const. Less than a week after Fox News agreed to pay $787.5 million to settle the Dominion lawsuit, the network has abruptly fired Tucker Carlson an anchor at the center of the case. 5. We take judicial notice that after Obergefell was decided, on July 1, 2015, the Fifth Circuit upheld a lower court's ruling enjoining the State from enforcing the provisions in the Texas Constitution and the Family Code, or any other laws or regulations, that prohibit a person from marrying another person of the same sex or recognizing same-sex marriage. De Leon v. Abbott, 791 F.3d 619, 62425 (5th Cir. 2. Code 37.002(b). See Heinrich, 284 S.W.3d at 372. See Emmett, 459 S.W.3d at 587. This information is furnished to you to provide basic information relative to the law governing procedures for civil cases in the County Civil Courts at Law. How do you handle emergency filings such as TROs? for receiving and processing incoming customer requests including purchasing copies However they can do so if they desire by signing up with a service provider. The Court further expounded that the create[ion of] two contradictory marriage regimes within the same State impermissibly place[d] same-sex couples in an unstable position of being in a second-tier marriage and wr[o]te[] inequality into the entire United States Code. Id. You as the Petitioner must prepare the petition on your own or The Houston-Harris County Emergency Rental Assistance Program, administered by Catholic Charities, BakerRipley, and the Alliance, is available to renters within Harris County or the City of Houston with active eviction cases or who have received written notice to vacate from their landlord. Obergefell, 576 U.S. at 67980, 135 S.Ct. Appellants did not file a motion to retain. We're sorry for the inconvenience but Javascript is required Mayor Parker's Directive Was a Discretionary Act and, thus, Could not be Ultra Vires. to view the Web site. Filing an Eviction Case Please click here for Occupational Drivers License Information. and executions, cost statements, expunctions, outgoing transfer of venue cases (causes), 508 S.W.3d at 24243. Wash. DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 740 (Tex. In its order, the trial court stated: On June 30, 2017, the Texas Supreme Court remanded this case to the 310th Court for both parties to have a full and fair opportunity to litigate their legal positions in light of Obergefell. See Heinrich, 284 S.W.3d at 373 n.6; see also Tex. 2009). Initially, on September 2, 2016, the Texas Supreme Court denied review. op.). The Supreme Court held that Section 3 of the federal DOMA violated the Fifth Amendment. A temporary injunction is an extraordinary remedy and does not issue as a matter of right. 1920, 158 L.Ed.2d 866 (2004) (The jurisdiction of the Court depends on the state of things at the time of the action brought. Servs. 2015, pet. Group, L.P., 412 S.W.3d 102, 112 (Tex. Whether the Mayor or City arguably violated state or local law in providing spousal benefits to same-sex spouses also is legally irrelevant if those laws were unconstitutional and unenforceable under Windsor, De Leon, or later Obergefell, Pavan, and Bostock as well as the United States Constitution. 1400 Lubbock Street After Mayor Parker's term in office concluded at the end of 2015, her successor, Mayor Turner, left the directive in place, and appellants have continued their lawsuit against Mayor Turner and the City. See 42 U.S.C. Both parties have briefed the issue and the parties have filed competing motions for summary judgment. A Petition is a legal pleading that initiates a case. This B. Prior to the remand, however, the state court gave notice to appellants that a motion to retain was required to keep the case on its docket. at 66869, 135 S.Ct. Houston. The answer is clear. Appellants seek three declarations in their amended petition: a declaration that the Mayor's directive of November 19, 2013 violated state and City law; a declaration that the Mayor and City officials have no authority to disregard state or city law merely because it conflicts with their personal beliefs of what the U.S. Constitution or federal law requires; and a declaration that the Mayor and City are violating state law by continuing to enforce the Mayor's directive of November 19, 2013. 2014-61812. out-of-county family transfers for filings in Harris County. 1986)). NO. Governmental Immunity Bars Appellants' Claims. As the State itself makes marriage all the more precious by the significance it attaches to it, exclusion from that status has the effect of teaching that gays and lesbians are unequal in important respects. Through a series of opinions following Windsor,15 the U.S. Supreme Court has made clear that the Due Process and Equal Protection Clauses require States to grant same-sex married couples the same legal rights, benefit, and responsibilities as different-sex married couples. You are urged to review the include your name, address, and telephone number.

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