San Antonio federal judge gives state until Aug. 24 to comply in gay rights case



See how Molina and Ert's story shaped the gay rights movement in Texas in the timeline above. less The story of Texas' first gay marriage was the 1972 version of a viral sensation, spreading in newspapers from Brownsville to Singapore. But when former football player Antonio Molina and William "Billie" Ert tied the knot, the way they went about it had unintended consequences. The story of Texas' first gay marriage was the 1972 version of a viral sensation, spreading in newspapers from Brownsville to Singapore. But when former football player Antonio Molina and William "Billie" Ert ... more Photo: File Photo: File Image 1 of / 27 Caption Close San Antonio federal judge gives state until Aug. 24 to comply in gay rights case 1 / 27 Back to Gallery

A San Antonio federal judge has given the state until Aug. 24 to come up with policies that recognize same-sex marriage in death and birth certificates.

In an order late Tuesday, U.S. District Judge Orlando Garcia also instructed Texas Attorney General Ken Paxton's office and the Texas Department of State Health Services to approve all pending applications for death and birth certificates involving married gay couples by that date.

The judge is holding both agencies to their word during a phone conference Monday that "the state and its agencies will be fully in compliance with (Garcia's) final judgment that was issued on July 7th."

RELATED: Texas amends gay man's death certificate to recognize marriage status

On June 26, the Supreme Court ruled that gay marriage is legal in the United States. Garcia had ruled in February 2014 in a lawsuit by gay couples that Texas' ban on gay marriage is unconstitutional.

But he imposed the status quo, until after the Supreme Court ruled. On July 7, the judge ordered that the state should no longer enforce any Texas laws that prohibit same-sex marriage.

The judge this week rescheduled a contempt hearing until Sept. 10, and it will take place if the state does not comply by Aug. 24.

The latest actions came after John Stone-Hoskins of Conroe sued because the state would not list him as the surviving spouse on the death certificate of his late husband, James.

The state amended the certificate last week after Garcia ordered it.

gcontreras@express-news.net



Twitter: @gmaninfedland