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

John Allen Stone-Hoskins, right, and his lawyer Neel Lane hold a press conference at the Westin in San Antonio to discuss their recent filing of a motion to amend the death certificate of Hoskins' late husband, James Stone-Hoskins, to reflect the legitimacy of John and James's marriage by including his title as remaining spouse on the certificate on Wednesday, August 5, 2015. less John Allen Stone-Hoskins, right, and his lawyer Neel Lane hold a press conference at the Westin in San Antonio to discuss their recent filing of a motion to amend the death certificate of Hoskins' late husband, ... more Photo: Matthew Busch, For San Antonio Express-News / For San Antonio Express-News Photo: Matthew Busch, For San Antonio Express-News / For San Antonio Express-News Image 1 of / 33 Caption Close Texas amends gay man's death certificate to recognize marriage status 1 / 33 Back to Gallery

Facing possible contempt and a court order, Texas officials have now changed the death certificate of a gay man to add his husband as the surviving spouse.

The Department of State Health Services "has issued an amendment to the death certificate for James Stone-Hoskins. It now lists John Allen Stone-Hoskins V as his spouse," a department spokeswoman said in an email Thursday night. "The amended death certificate was issued this evening as ordered by the U.S. District Court and requested by John Stone-Hoskins."

RELATED: Judge orders Paxton to court over gay-marriage order

The department had refused to change it after John Stone-Hoskins, 37, of Conroe tried to get the state to make the amendment following the landmark U.S. Supreme Court ruling on June 26 that said gay marriage is legal in all 50 states. He married James Stone-Hoskins in New Mexico in 2014 after being together for 10 years. James Stone-Hoskins died in January at 32.

On Wednesday, U.S. District Judge Orlando Garcia of San Antonio ordered the department to make the immediate change after John Stone-Hoskins sued, saying the department, at the advice of Attorney General Ken Paxton, refused to amend the certificate despite the Supreme Court ruling and an order by Garcia on July 7 barring the state from enforcing any of Texas' laws that might discriminate against married same-sex couples.

The judge also this week ordered Paxton and Kirk Cole, interim commissioner of the health services department, to a court hearing next Wednesday in San Antonio to determine whether they should be held in contempt.

If they are found in contempt, they could be fined, jailed or both.