James Stone, left, and Jay Hoskins at their wedding last August
Jay Hoskins is battling the state of Texas to amend his husband’s death certificate and he’s on a deadline. He’s been diagnosed with terminal cancer.
James Stone, 32, died in January in Conroe after a battle with Sjogren’s Syndrome, a genetic autoimmune disorder. The couple legally married in New Mexico six months earlier and had been together 10 years. We told their story when churches in his hometown refused to perform a funeral service because he was gay.
Because the death occurred before the U.S. Supreme Court’s June 26 marriage-equality ruling, Texas listed Stone as single and referred to Hoskins as “significant other.”
Hoskins is filing a lawsuit against the state but Texas claims it doesn’t have to recognize marriages performed prior to the ruling. He would like the matter resolved quickly because he’s been diagnosed with terminal cancer and may only have two months to live.
His attorney, Akin Gump partner Neel Lane, holds a news conference later today and will discuss the case. Check back for updates.