With charges dismissed from arrests last year, Major and Beau are again denied a marriage license — but this time they’re considering a lawsuit
DOCUMENTING A DENIAL | Mark ‘Major’ Jiminez, left, and Beau Chandler apply for a marriage license at the Dallas County Clerk’s Office on Tuesday, July 16, after charges against Jiminez were dismissed from his arrests last year for trespassing in the clerk’s office after being denied a marriage license. Jiminez and Chandler didn’t get arrested this time, but they did request documentation of the denial in case they decide to file a lawsuit. (Anna Waugh/Dallas Voice)
Dallas couple Mark “Major” Jiminez and Beau Chandler had cause for celebration this week with Jiminez’s two arrests at marriage sit-ins dismissed in court.
But the celebration was short-lived Tuesday when the couple went to the County Records Building after the hearing to apply for a marriage license for a fourth time and were again denied. However, this time they requested the reasoning they were denied in writing, “just in case we decide to take this to the next level,” Chandler said.
The couple was arrested for criminal trespassing last July after they refused to leave the County Records Building without a marriage license. Chandler’s case was dismissed last year after he completed community service.
Jiminez was arrested a second time for the same class-B misdemeanor charge in August. His cases had been postponed before eventually being combined. Jiminez was offered a lesser charge of disturbing the peace, a class-C misdemeanor, if he pleaded guilty. But he refused because he said he wouldn’t plead guilty to something he didn’t do.
Instead, he agreed to take the conditional dismissal plea deal the district attorney’s office offered. He has until Sept. 16 to complete 50 hours of community service. But if he is arrested before then, his two cases will go to trial.
Dallas County Clerk John Warren issued a letter Thursday explaining his office’s denial of the marriage license.
Jiminez said he was pleased with the outcome because he wanted his two cases combined and a dismissal offered.
“We’re satisfied,” Jiminez said. “I am, like Beau, happy that they are dismissing the cases and they’re not going on our records.”
After the hearing, Jiminez and Chandler headed to the County Records Building to apply for a marriage license again. The couple applied twice last year and in
February with a proxy, making this their fourth time to apply.
A clerk’s representative again explained to them that state law prohibited her from issuing them a license. They then requested the denial in writing. They haven’t decided whether they will file a lawsuit but wanted the documentation.
“We’re thinking about it because we can’t just continue to let them tell us no,” Jiminez said. “We’re never gonna go away until they can give us our marriage license.”
When Jiminez returned on Thursday, July 18, to get the documentation he was promised, he was told the office doesn’t issue letters explaining reasons for denial.
Instead, they gave him a copy of the Texas Family Code that states “a license may not be issued for persons of the same sex.”
After waiting for four hours, and at one point being threatened with arrest, Jiminez received a letter directly from Dallas County Clerk John Warren. Warren said he is bound to uphold the laws of the state and cited the Family Code.
“I understand and appreciate your desire to be recognized as heterosexual couples regarding this matter and encourage you to visit with your state senators and representatives to have the laws of our state changed,” Warren wrote.
Same-sex couples used a similar strategy last week when groups in several Mississippi cities requested marriage licenses, some requesting documentation.
Meanwhile, in Galveston this week, retired nuclear engineer Domenico Nuckols withdrew his marriage lawsuit challenging the state’s ban and had his case dismissed.
He filed the suit two weeks ago and was looking for pro bono legal representation, but he said after discussing the case with the American Civil Liberties Union and receiving a letter from Lambda Legal, he decided to get the case dismissed.
Nuckols said legal experts explained they’re targeting states where they believe they have the best chance of winning the freedom to marry, whereas Texas would be a challenge. He said he thought he could win in the district court but would likely be unsuccessful in the court of appeals.
“It’s not the time to do it in Texas,” he said. “I don’t care if you have standing or not, it’s going to be very politicized.
“I’m disappointed but when you have so many people telling you you’re beating a dead horse, you should listen,” he added. “There’s a fight out there, but you can’t pick it in Texas.”
Legal experts also doubted the case would move forward because of standing. Nuckols hadn’t ever been denied a marriage license in Texas and didn’t have any plans to marry his partner.
Jiminez and Chandler have standing on their side, but would still face a long fight in the state.
Chad West, the couple’s criminal defense attorney, said he wouldn’t represent them in a marriage lawsuit because he doesn’t work in constitutional law. However, he cautioned against lawsuits being filed in places where those laws could be upheld in conservative courts.
“At least they want to get married, so that’s the first step,” West said. “The marriage issue is tough because I still think we have a long way to go.”
Rebecca L. Robertson, legal and policy director at ACLU of Texas, said the couple’s actions aren’t surprising as more and more Texans grow impatient with the lack of equality and evaluate how they can change it.
“It’s not surprising that LGBT Texans are impatient for change, and would be asking their government for equal treatment,” she said. “In our state, we lack basic civil liberties that other states afford LGBT residents — not just marriage equality, but protection from being fired from your job or kicked out of your apartment. Mr. Jimenez and Mr. Chandler are highlighting how much work we have to do in Texas.”
This article appeared in the Dallas Voice print edition July 19, 2013.