Updated (5:14 p.m.): According to Travis County Clerk Dana DeBeauvoir, the marriage of Suzanne Bryant and Sarah Goodfriend is valid despite the Texas Supreme Court issuing a stay order for the trial court ruling.
"The Texas Supreme Court order on the Motion for Temporary Relief has stayed further proceedings in the trial court, and is not directed at the County Clerk," DeBeauvoir said. "I have every reason to believe that the actions I took this morning were legally correct based on the trial court's order and that the license my office issued was then and now valid. There is no further action for me to take at this time."
Updated (4:10 p.m.): The Texas Supreme Court granted Paxton’s request for a stay in the trial court rulings regarding the constitutionality of same-sex marriage.
“The Texas Supreme Court has granted a stay of two trial court rulings that Texas’ constitutional amendment banning same-sex marriages violates constitutional protections to equal protection and due process of law,” Osler McCarthy, staff attorney and public information contact for Texas Supreme Court, said in a statement. “Motions to stay orders by two Travis County judges, one in a probate case and the other a temporary-restraining order granting a same-sex couple a marriage license, were sought by the Texas Attorney General’s Office.”
Since Goodfriend was diagnosed with ovarian cancer last May, the Travis County Court decided her condition warranted the licensing. Of the two daughters, Goodfriend adopted one, and Bryant adopted the other. If Goodfriend were to die without being legally married to Bryant, Bryant's adopted daughter would not receive certain provisions. For this reason, the court decided to bypass the 72-hour stay on the Tuesday decision and issue the license immediately.
Bryant and Goodfriend attended a press conference to discuss their marriage Thursday.
“This is bittersweet for us because there are many other Texans who would like to be able to have their loving, committed relationship recognized,” Goodfriend said.
When Bryant and Goodfriend asked whether they thought the attorney general would step in and nullify their marriage, Bryant said they are not concerned.
“We can’t control what the AG office wants to do,” Bryant said. “If they want to come in and try and undo this, they will. But we have a valid marriage license, and I don’t think they can.”
The American Civil Liberties Union of Texas congratulated Bryant and Goodfriend following the announcement that the couple were the first same-sex couple to marry legally in Texas.
“Now, it’s time for other loving couples across our state to have the same chance to celebrate,” Anna Núñez, communications coordinator for ACLU of Texas, said in an email. “We call upon Governor Abbott and Attorney General Paxton to stop wasting taxpayer money to defend Texas’ unconstitutional marriage ban. Let the people marry!”
Updated (2:30 p.m.): Texas Attorney General Ken Paxton has requested that the state's Supreme Court block a ruling that allowed an Austin same-sex couple to marry.
Paxton said in a statement Thursday the ruling was not in line with the Texas Constitution.
"The law of Texas has not changed and will not change due to the whims of any individual judge or county clerk operating on their own capacity anywhere in Texas," Paxton said. "Activist judges don’t change Texas law, and we will continue to aggressively defend the laws of our state and will ensure that any licenses issued contrary to law are invalid."
Updated (10:12 a.m.): Two days after Travis County Judge Guy Herman ruled Tuesday that Texas’ ban on same-sex marriage is unconstitutional, two Austin women, Sarah Goodfriend and Suzanne Bryant, were legally married outside the Travis County Clerk's Office early Thursday morning. The two women are the first same-sex couple to get married in the state of Texas.
State district judge David Wahlberg ordered Travis County Clerk Dana DeBeauvoir to grant the marriage license after a county judge ruled that the state ban on same-sex marriage is unconstitutional earlier this week.
Same-sex marriage licenses are still not widely available in Travis County. The clerk's office will only grant additional marriage licenses to same-sex couples if those licenses are court-ordered, office representatives said.
Rabbi Kerry Baker, an Austin-based rabbi who has known Goodfriend and Bryant for more than two decades, performed the marriage ceremony. Baker said he was aware of the historic nature of the marriage.
“Of course it’s an historic moment, and that’s always remarkable when you can be involved in history as it’s being made, but frankly, my relationship with Sarah and Suzanne is not about two people who are making history,” Baker said. “They’re my friends. They’re my fellow congregants. That’s what comes first, as a rabbi – not the history, but the impact on people’s lives.”
Baker, who provides spiritual counseling through his website “Everybody Needs a Rabbi,” said the couple contacted him Wednesday night about the possibility of getting married.
“For at least eight or so years, Sarah and Suzanne have actively been trying to get permission from the state to have an actual marriage ceremony and receive a license,” Baker said. “I got a call from them last night saying that today might be the day, so I was ready.”
Paxton said his office asked the state Supreme Court to stay Herman's ruling and ultimately overturn it.
“Texas law is clear on the definition of marriage, and I will fight to protect this sacred institution and uphold the will of Texans," Paxton said in a statement Wednesday. "The probate judge’s misguided ruling does not change Texas law or allow the issuance of a marriage license to anyone other than one man and one woman.”
Baker, who also served as Texas Hillel director from 1987 to 1997, said he wasn’t concerned about Paxton’s definition of marriage as a sacred institution.
“The attorney general, with all due respect, doesn’t know much about religion,” Baker said. “I don’t pay much attention to him on that score. And frankly, from an American point of view, I support the equal protection clause of the constitution."
Goodfriend and Bryant's two daughters, Ting, 13, and Dawn, 18, joined them at the ceremony.
Original story: Travis County Judge Guy Herman ruled Tuesday that Texas’ ban on same-sex marriage is unconstitutional, but the county did not immediately begin issuing marriage licenses to same-sex couples.
Herman issued his ruling as part of a case in which Austin resident Sonemaly Phrasavath pushed the Travis County Probate Court to recognize her eight-year partnership with Stella Powell as a common-law marriage. Powell died last summer before her will was validated, leading to a legal dispute between Phrasavath and two of Powell’s siblings.
Although Travis County Court clerk Dana DeBeauvoir commended Herman for his decision, she has no immediate plans to begin issuing marriage licenses to same-sex couples, according to a statement the County Clerk’s office released Wednesday.
“In his order, Judge Herman did not instruct the County Clerk to begin to issue marriage licenses to same sex couples,” the statement said. “The Travis County Attorney’s office is examining the order as well as the status of the current federal litigation related to marriage equality at the Fifth Circuit and in the Supreme Court.”
The ruling came Wednesday, after an hour-long hearing in the Travis County Courthouse in which Phrasavath argued against the prohibition on same-sex marriage.
Brian Thompson, Phrasavath’s attorney, said he interpreted the ruling to mean same-sex marriage is now legal in Travis County.
“I don’t see why the county clerk doesn’t rely on [the ruling] to start issuing marriage licenses,” Thompson said. “Every single day that goes by that we don’t have marriage equality in the state of Texas is an opportunity lost.”
Herman’s ruling allows DeBeauvoir to immediately issue marriage licenses to same-sex couples, according to Thompson.
LGBT advocacy group Equality Texas issued a statement Wednesday urging DeBeauvoir to begin issuing licenses immediately.
“Travis County Clerk Dana DeBeauvoir previously stated she would be happy to issue marriage licenses to same-sex couples once the law allows for it,” said Chuck Smith, executive director of Equality Texas. “The law in Travis County now allows for the freedom to marry. Equality Texas calls upon the county clerk to stand with us — on the right side of history.”