Austin Couple Challenges Texas Gay Marriage Ban - kcentv.com - KCEN HD - Waco, Temple, and Killeen

Austin Couple Challenges Texas Gay Marriage Ban

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AUSTIN (KXAN) — Two Texas couples are challenging the state constitution's ban on gay marriage.

The case heads to a hearing in front of a federal judge in San Antonio Wednesday.

Austin couple Cleopatra DeLeon and Nicole Dimetman will be traveling to San Antonio for the case this week. They married in 2009.

"We decided that it was the right thing to do and that it was the right thing to do for our son," said Dimetman.

"I think that, whatever happens — I think Nicole and I will feel like we've kind of pushed the ball forward for people like us," DeLeon said.

DeLeon and Dimetman got married in Massachusetts.

When they returned home to Texas, the state didn't recognize the marriage. That means — in the states eyes — they didn't have the same parental rights, medical rights, or rights after death as heterosexual married couples.

The motion for injunction states that Texas Constitutional amendment and policies violate "the Due Process and Equal Protection Clauses of the Fourteenth Amendment".

DeLeon and Dimetman think of what a win for them would mean for their son.

"He would never have to grow up feeling like the state of Texas didn't protect our family," said DeLeon.

"I think it's important to note that this issue has moved very quickly since 2005," Dimetman said.

The state also filed a response to the motion.

"Plaintiffs argue that the right to marry includes the right to define marriage as they see fit. That is wrong, and their attempt to shoehorn that alleged right into the recognized right to marry is utterly inconsistent with Supreme Court precedent and history," the state response reads, in part.

DeLeon and Dimetman say they'll fight the Texas amendment as far as they can.

Voters passed the constitutional amendment in 2005 by a roughly 3-to-1 margin defining marriage as between a man and a woman.

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