Plaintiffs In Texas Gay Marriage Case Give Birth To Second Child

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Nicole Dimetman DeLeon and Cleo DeLeon, two plaintiffs in the Texas same-sex marriage case that is awaiting a ruling from a federal appeals court, welcomed their second child today. - COURTESY
  • Courtesy
  • Nicole Dimetman DeLeon and Cleo DeLeon, two plaintiffs in the Texas same-sex marriage case that is awaiting a ruling from a federal appeals court, welcomed their second child today.

A couple who is fighting Texas' same-sex marriage ban is celebrating the birth of their second child.

Nicole Dimetman DeLeon and Cleo DeLeon announced the weekend birth in a press release.

“Labor is scary and anything can happen. I had an infection as a complication of labor that led to an emergency C-section. A day that should have been one of the happiest of our life was terrifying for Cleo," Nicole Dimetman DeLeon says. "If I had not made it through the childbirth, Cleo would not have been our daughter’s legal mother because her name is not allowed on the birth certificate in Texas.”

Cleo DeLeon says the couple is overjoyed at the birth of their daughter, though the Lone Star State's same-sex marriage ban harms children.

"It is unfair to deny loving parents like us the basic legal protections that provide stability and security so critical to child rearing. We pray for the day when all Texans are treated equally under the law and we do not have to live in fear that something bad could happen in childbirth and I would not be considered the child’s parent by law," Cleo DeLeon says.

Neel Lane, the DeLeon's attorney, called on the Fifth Circuit appeals court to make a ruling.

“This otherwise joyous day for Nicole and Cleo is a sad one because, in the eyes of Texas, Nicole is an unwed mother. Her valid marriage to Cleo is declared void by a Texas law that U.S. District Judge Orlando Garcia declared unconstitutional more than a year ago," Lane says. "Court after court have agreed with him, and no one doubts the U.S. Supreme Court will do the same. We are disappointed that the Fifth Circuit still has yet to rule, now months since the appeal was fully briefed and argued.”

Cleo DeLeon and Nicole Dimetman DeLeon are legally married in Massachusetts, but Texas does not recognize their marriage. Mark Phariss and Vic Holmes are also plaintiffs in the lawsuit, but are unwed because of the Lone Star State's same-sex marriage ban.

The Fifth Circuit appeals court heard the case in January, but still hasn't ruled. In January, the U.S. Supreme Court struck down Alabama's same-sex marriage ban.

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